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MACAO SPECIAL ADMINISTRATIVE REGION
Law no. 3/2004
Chief Executive Election Law
The Legislative Assembly decrees, in accordance with paragraph 1 of article 71 of the Basic Law of the Special Administrative Region of Macao, to have force of law:
Scope of this law
Scope
This law regulates the election of the Chief Executive of the Macao Special Administrative Region and other related subjects.
Electoral Affairs Committee for the election of the Chief Executive
Composition and term of office
1. An Electoral Affairs Committee for the election of the Chief Executive, hereinafter referred to in short as EACCE, shall be established; its Chairperson and members are approved of the appointment in a dispatch by the Chief Executive, upon a proposal of the Independent Committee for the Recommendation of Judges, according to the following terms:
1) The chairperson shall be a local judge with a position not lower than a judge of the Court of Second Instance;
2) The other members shall be in the number of four, who with recognition of appropriate capability should be permanent residents of the Macao Special Administrative Region, hereinafter referred to as MSAR, except those principal officials, members of the Executive Council, and Legislative Assembly.
2. The appointment by dispatch referred to in the previous paragraph shall be issued no later than 15 days after the publication of the date of poll on the election for the members of the Chief Executive Election Committee, hereinafter referred to as Election Committee, or after the publication of date on vacancy of office for the Chief Executive.
3. The members of the EACCE shall take charge of office within 3 days after the publication of the appointment by dispatch, in the presence of the Chief Executive.
4. The EACCE shall be represented by its chairperson, who has the rights to an extent to perform the acts prescribed in the present law.
5. The EACCE shall be dissolved 90 days after the publication of the result of the election of the Chief Executive in the Official Gazette of the MSAR.
Competence
The EACCE shall:
1) Manage and promote the electoral process for the members of the Election Committee and for the Chief Executive, specifically acting as the entity with the functions of directing and presiding over the polls at the election of the Chief Executive to be conducted by the Election Committee;
2) Establish the venue and time for the electoral process for the members of the Election Committee and for the Chief Executive;
3) Issue guidelines and give clarifications on subjects related to the election of the members of the Election Committee and of the Chief Executive;
4) Supervise and ensure that the electoral process is conducted according to the law;
5) Assess the eligibility of the candidates proposed for the election of the Chief Executive, as well as to monitor the regularity and legality of the nomination process and, confirm admitting the candidates to the office of the Chief Executive;
6) Assess the regularity of electoral contributions received and expenditure made by the candidates to the office of the Chief Executive;
7) Assess the regularity of the acts of the entities involved in the electoral process and report to the competent authorities any act inducing to an electoral offence of which it takes cognizance;
8) Perform the other acts prescribed in the present law.
Functioning
1. The EACCE functions in plenary session and its decisions are taken by majority of the members who are present; the chairperson shall have the casting vote in case of parity in the vote.
2. The chairperson of the EACCE may invite appropriate persons, in an advisory capacity and if it appears as necessary, to participate in the meetings, without right of vote.
3. All sessions’ minutes of the EACCE shall be recorded.
4. The EACCE shall execute the decision for various channels of promulgation, unless prescribed otherwise in this law.
5. A Secretariat shall be established with the EACCE, to support its functioning. The Public Administration and Civil Services Bureau, hereinafter referred to as SAFP, shall provide technical and administrative supports.
Secretariat
1. The Secretariat shall be composed of the following persons, appointed by the chairperson of the EACCE:
1) A Secretary General, whose office is held by one of the members of the Directorate of SAFP;
2) Fifteen members to be appointed amongst the department heads or supervisors of the SAFP and other civil servants of the Public Administration;
2. The Secretariat, directed by a Secretary General, shall execute the directions of the chairperson of the EACCE and its decisions.
3. The members of the Secretariat shall be entitled to a monthly remuneration to be determined by a decision of the EACCE.
4. The Secretariat shall be dissolved within one week after the dissolution of the EACCE.
Statute of members
1. The members of the EACCE are independent in the exercise of their functions and shall not be removed from office.
2. The members of the EACCE shall not be voters or candidates of the election for the members of the Election Committee.
3. Vacancies arising in the EACCE, due to resignations, death or physical or psychical incapacity of its members leading to impossible fulfillment of their duties, are filled by persons approved in a dispatch by the Chief Executive, according to paragraph 1 of article 2.
4. The members of the EACCE are entitled to an allowance for any attendance of meeting and for the day of the polls, of an equal amount prescribed in the civil services regime.
Administrative Cooperation
1. In the function of empowerment the EACCE has the powers required for the effective execution of its functions upon other administrative entities and personnels; all those entities and personnels shall provide EACCE with all necessary support and cooperation as required.
Chief Executive Election Committee
Composition and term of office
Composition
1. The Election Committee is composed of 300 members calling from four sectors.
2. The sectors, subsectors and their respective allocation of seating capacity for the Election Committee are listed in Annex I to the present law, of which it is a part.
Eligibility
The members of the Election Committee shall be aged 21 or above, be enrolled in the electoral register and not be subject to electoral ineligibility.
Ex-officio members
1. Macao deputies to the National People’s Congress shall be ex-officio members.
2. Ex-officio members shall not exercise the office of the member of the Election Committee in any other sectors or subsectors and shall, no later than 10 days before the date of poll on the election of the Election Committee, submit a copy of their identity card as Macao deputies to the National People’s Congress and their complete identification to the EACCE, for the record.
3. An ex-officio member who ceases to exercise his or her functions as a Macao deputy to the National People’s Congress shall be disqualified from being a member of the ex-officio.
4. The substituted deputy to the National People’s Congress shall, no later than 3 days before the date of poll on the Chief Executive election, submit a copy of his or her identity card as a Macao deputy to the National People’s Congress and his or her complete identification to the EACCE, for the record.
Term of office
The term of office of the Election Committee shall be 5 years, commencing on the date of first publication of the list of all members of the Election Committee in the Official Gazette of the MSAR.
Mode of constitution
Constitution by means of elections according to the present law
The Election Committee members related to the 1st sector, all subsectors of the 2nd sector, as well as the labor and social welfare subsectors of the 3rd sector as listed in Annex I, shall be elected by the associations and organization eligible to vote in the respective sector or subsector, according to the present law.
Constitution by means of recognizance of a nomination
1. The Election Committee members related to the religion subsector shall be nominated, by means of consultations, by the associations of their respective religions, as referred to in Annex I; it shall be in the confirmation of the EACCE to proceed to their recognizance and registration.
2. The nomination referred to in the previous paragraph shall be accompanied by a complete identification of all nominees indicated therein.
3. The nominated persons must be members of the directive or administrative body of association for their respective religions.
4. The nomination shall be submitted to the EACCE no later than 10 days before the date of poll on the election for the members of the Election Committee.
Constitution by internal vote
1. The representatives of the members of the Legislative Assembly and the representatives of the Macao members of the National Committee of the Chinese People’s Political Consultative Conference in the process of Election Committee, shall be elected by their peers of the legislature or office, respectively by means of an internal vote.
2. The internal votes referred to in the previous paragraphs are conducted and concluded on the same day of polls on the election of the members of the Election Committee; the list of elected candidates and their complete identification shall be presented to the EACCE, for the record.
3. During the term of office of the Election Committee and after the dissolution of the EACCE, the new members of the Legislative Assembly or the new Macao members of the National Committee of the Chinese People’s Political Consultative Conference, as resulting from a modification in the legislature or office, shall, within 30 days from their selection, conclude the votes referred to in paragraph 1 and submit the list of the elected representatives and their complete identification to the SAFP, for the record.
Exclusivity of candidature submission
1. The persons qualifying as representatives for multiple sectors may only submit their candidature for one sector or one subsector.
Electoral capability, eligibility and mode of election
Active Electoral Capability
1. Those associations or organizations that are registered in accordance with the Law no. 12/2000 shall have capability to vote at the election of their respective sectors or subsectors.
2. For the purposes of this law, sectors and subsectors mentioned in the previous paragraph shall correspond to the delimitation of social interests prescribed in article 29 of the Law no. 12/2000, according to the following terms:
1) Entrepreneurial interests are corresponding to the industrial, commercial and financial sector;
2) Cultural interests are corresponding to the culture subsector;
3) Educational interests are corresponding to the education subsector;
4) Specialized and professional interests are corresponding to the specialty subsector;
5) Sports interests are corresponding to the sports subsector;
6) Worker and labor interests are corresponding to the labor subsector;
7) Charity interests are corresponding to the social services subsector.
3. The collective persons created by public entities or those who depend on public entities for more than half of their financial income shall not have eligibility to vote, except the specialty public associations.
Passive Electoral Capability
The persons who are eligible to be registered for a given sector or subsector, in possession of the requisites prescribed in article 9, shall be eligible at the election of the relevant sector or subsector.
Disqualification
The following persons shall be disqualified from voting or being candidates during their terms of office:
1) The Chief Executive;
2) The principal government officials;
3) Magistrates of both the courts and the Public Prosecution.
Mode of election
1. Each association or organization having the capability to vote is entitled to a maximum of eleven votes, which are cast by an equal number of electors enrolled in the electoral register.
2. The said electors are selected amongst the current members having directive or administrative functions in their respective associations or organizations.
3. For the purpose of the previous paragraph, each association or organization shall submit to the director of the SAFP, no later than 40 days before the date of the poll on the election of the members of the Election Committee, a list of the electors; the SAFP shall compile, based on the said list, a book of register for electors, where the enrolled number of each elector shall be indicated.
4. The submission of the list mentioned in the previous paragraph shall be accompanied by a certificate issued by the Directorate of Identification Bureau in which the name list of the members of the board of directors or management board shall be indicated, according to the charters of their respective associations or organizations.
5. Until the second day before the date of the poll, the associations or organizations having capability to vote must collect from the SAFP the credentials issued therein to allow the exercise of their right of vote.
6. Any person may only exercise his or her right of vote referred to in paragraph 1 in his or her capability as an elector for the association or organization for his or her respective sector or subsector.
Candidates
Participants
1. Persons aged 21 or above who are eligible to be registered for a given sector or subsector, may participate at the election of the members of the Election Committee of the corresponding sector or subsector, when they are nominated by their respective and duly registered association or organization which have capacity to vote and represent at least the 20% of the total number of associations or organizations of the relevant sector or subsector. In calculating the said percentage, if the result is not an integer, it shall be rounded down to the lower unit.
2. The nomination referred to in the previous paragraph shall be made by signature on the nomination form, affixed by a duly assigned representative of the board of directors or management board of the relevant association or organization and enrolled in the electoral register; any person may only represent one association or organization when making the nomination.
3. The number of nomination forms to be signed by the representatives referred to in the previous paragraph shall not be higher than the number of seats allocated to his or her relevant sector.
4. The representatives shall submit to the SAFP documental proof of their capability, no later than 15 days before the deadline for the submission of candidature, in order to obtain the nomination forms.
5. The template of the nomination form is reproduced in Annex II to the present law, of which it is a part.
Submission of candidature
1. The participants must submit their candidature by obtaining and lodging the appropriate form with the SAFP.
2. The date and time for obtaining the forms for submission of candidature shall be established and publicized by the chairperson of the EACCE.
3. The participants must lodge with the SAFP, no later than 40 days before the date of the poll on the election for the Election Committee, their duly completed form for the submission of candidature, accompanied with the required documents.
4. The template for the submission of candidature is reproduced in Annex III to the present law, of which it is a part.
Validation of Candidates
1. Whenever the occurrence of procedural irregularities is observed, the director of the SAFP shall immediately notify the participant to rectify any such irregularities within 2 days from the date of notification.
2. In the fifth day following the expiry of the term for submission of candidature, the SAFP shall affix in its premises the list of eligible participants. Those who fail to comply with the requisites prescribed in article 9 or those who failed to rectify the irregularities in the term prescribed in the previous paragraph shall not be admitted.
3. In case the number of eligible participants in a given sector or subsector is lower than the number of seats allocated for that sector or subsector, SAFP shall immediately publicize the case and report it to the EACCE.
4. The formalities for the submission of the supplementary candidature shall be concluded within 8 days from the expiration of the term for the submission of the initial candidature. SAFP shall then conclude the verification of participants from the supplementary candidature on the day next to the day of reception of the forms of submission of candidature with the submitted documents.
Approval of candidates
1. When no appeals has been lodged or after the lodged appeals have been decided, a report of all finally admitted candidates shall be publicized within 1 day, by an edict affixed in the premises where the SAFP is functioning.
2. A copy of the report mentioned in the previous paragraph shall be immediately sent to the EACCE.
Vacancy of candidatures
1. Withdrawal from the election or death of the candidate shall constitute the vacancy of the candidature.
2. A candidate has the right to withdraw from the election, with duty to communicate his or her withdrawal to the SAFP, in writing and with notarized authenticity of his or her signature, no later than the fifth day prior to the date of poll on the election of the members of the Election Committee.
3. The SAFP shall publicize the vacancy of candidature of which it takes cognizance and report it to the EACCE.
4. When, as an effect of a vacancy of candidature, the number of candidates for a given sector or subsector becomes lower than the number of seats allocated to that sector or subsector, the SAFP shall immediately proceed with the appropriate communication and initiate the process for the presentation of the supplementary candidature.
5. The process for the presentation of the supplementary candidature and its validation shall be concluded within 5 days from the date of communication referred to in the previous paragraph; the chairperson of the EACCE may, for this purpose, fix and publish the relevant term and date; the chairperson is also empowered to propose the date of by-elections for the relevant sector or subsector.
Immunity of candidates
Between the date of publicization of the report of finally admitted candidates and the date of publicization of the list of members of the Election Committee, the candidates shall have the following immunities:
1) They shall not be arrested or preventively detained in custody, except in cases of crime in the very act for a crime punishable with imprisonment for a maximum term longer than 3 years;
2) In the event of criminal proceeding having been initiated against them, and they having been indicted, the trial may only proceed after the publication of the result of the election, except when they have been arrested or preventively detained in custody in case of the crime in the very act.
Boards
Composition
1. In each polling station a board shall be constituted, which shall serve as a competent entity and shall be capable to direct and preside over the polling operations at the election for the members of the Election Committee.
2. The board is composed of a chairperson, a vice-chairperson and three secretaries, appointed by the chairperson of the EACCE amongst the personnel of its Secretariat, department heads or supervisors of the SAFP or other civil servants, whose appointments shall be made and publicized no later than 10 days before the date of poll.
3. In case of absence or impediment of the board members, their substitution is decided by the chairperson of the EACCE.
4. The chairperson of the EACCE shall, no later than the second day before the polling day, select an appropriate number of scrutinizers amongst the civil services personnel, according to the number of electors of each polling station.
5. The provisions of this law related to the polling stations shall apply to the polling sections, when constituted.
Compulsory exercise of functions
1. The exercise of the functions by the members of the board and by the scrutinizers is compulsory, except for the provision of the following paragraph.
2. An illness which is proved by a certification issued by a medical doctor of the Health Bureau of the MSAR shall be a justified case of incapability to exercise the functions; any case shall be reported to the EACCE no later than the day next to the day the documental proof is obtained.
Preparatory works
1. The members of the boards shall be present in the polling station one and a half hours before their opening.
2. The SAFP shall provide the board with documents, forms and information necessary for the polling process one hour before the opening of the polling station, as well as affix the list of the finally admitted candidates of the different sectors and subsectors at the entry and inside the polling station.
3. The personnel selected by the EACCE to distribute the ballots shall deliver them to the chairperson of the board at the time referred to in the previous paragraph.
Register and statute of members of the Election Committee
Publication of the list of members and their register
1. The list of the members of the Election Committee shall be published in the Series I of the Official Gazette of the MSAR, according to the following terms:
1) A list of all members of the Election Committee shall be published by the EACCE, within 3 days of reception from the Court of Final Appeal, hereinafter referred to as CFA, the copy of verification of return at the election for the members of the Election Committee;
2) A list of substituted members of the Election Committee, as well as the lists of members referred to in paragraph 3 of article 14, shall be published by the EACCE or, after its dissolution, by the Chief Executive;
2. The SAFP shall compile the book of register of members of the Election Committee according to the lists referred to in the previous paragraph and shall submit one copy to the Chief Executive and another one to the chairperson of the EACCE.
3. The book of register of members shall be concluded within 3 days after the publication referred to in paragraph 1; the complete identification of the members of the Election Committee and their electoral registration number shall be recorded therein.
4. The book of register of members shall be updated in a timely manner in the event of any changes in the situation of members of the Election Committee.
Statute of members
1. The members of the Election Committee shall exercise their functions, except when the failure to exercise them is justified by reasons accepted by the EACCE, namely:
1) Illness, proved by a certificate issued by a medical doctor of the Health Bureau, that makes voting impossible in the date of poll on the election of the Chief Executive, the case of which shall be reported to the EACCE no later than the day next to the day the documental proof is obtained.
2) The participation of a professional activity which is indispensable or cannot be delayed, the case of which shall be reported and justified to the EACCE as a matter of urgency where possible;
2. Since the date of publication of the list of members of the Election Committee until the date of publication of the result of the election of the Chief Executive the members shall have the immunities provided for in article 25.
3. During the period of participation in the activities organized by the EACCE and in the polling day, the members shall also be dispensed from the exercise of public or private functions, without prejudice of any right or benefits, provided they prove the exercise of their functions as members of the Election Committee.
Disqualification of member and replacement
1. After the publication of the list of all members of the Election Committee in the Official Gazette of the MSAR, the EACCE shall announce, except for ex-officio members, the disqualification from the office of any member of the Election Committee who falls in one of the following situations:
1) Death;
2) Resignation;
3) Criminal conviction with a final sentence to imprisonment for a term not shorter than 30 days, for a criminal act committed either inside or outside the MSAR;
4) Non compliance with the requisites prescribed in article 9 or exercise of the functions referred to in article 18;
5) Termination of his or her eligibility for being registered for the subsector of sector 4 through which he or she has been selected as a member of the Election Committee.
2. Filling of vacancies arising from the situations described in the previous paragraph shall only occur for vacancies arising no later than 60 days before the date of poll at the election of the Chief Executive; the following rules shall also be observed:
1) If the disqualification of a candidate is related to a member of the Election Committee who is registered for the 1st sector or for the 2nd sector or for the labor or social services subsectors of the 3rd sector, his or her substitution shall be made according to the highest number of votes obtained by the other non returned candidates of the relevant sector or subsector. In case there is no other non returned candidate the provision of paragraphs 4 and 5 of article 24, with the necessary changes, shall apply;
2) If the disqualification of a candidate is related to the members of the Election Committee who are registered for the religion subsector, or to the representatives of members of the Legislative Assembly or to the representatives of Macao members of the National Committee of the Chinese People’s Political Consultative Conference, a new selection of the corresponding members of the Election Committee shall be conducted, according to the terms of articles 13 or 14 respectively;
3) In every case not directly regulated in previous 2 items, the related provisions of this law shall apply with the necessary changes.
3. The notice of resignation from office of a member is tendered to the chairperson of the EACCE, in writing and with notarized authenticity of signature, no later than the fifth day prior to the date of poll on the Chief Executive election.
Election of the Chief Executive
Term of office and election
Term of office
1. The term of office of the Chief Executive shall be 5 years; the office shall not be held by the same person for more than two consecutive terms.
2. The term of office shall commence on the date of taking charge of office specified by the Central People’s Government in the official document of appointment.
Date of vacancy of office
1. In case of vacancy of office of the Chief Executive, the interim Chief Executive shall, within 10 days after his assuming office, order the publication in the Official Gazette of the MSAR of the date the office of Chief Executive being vacant.
Election
1. An election of the Chief Executive shall take place in case of expiry of term or vacancy of the office of Chief Executive.
2. The Chief Executive shall be elected by the Election Committee, according to the provisions of the Basic Law and its Annex I, as well as according to the terms of this law; the Government of the MSAR shall communicate the result of the election to the Central People’s Government.
Candidates
Eligibility for nominated candidates
The person nominated as a candidate at the Election of the Chief Executive must comply with the following requirements and capabilities:
1) Being a Chinese citizen and a permanent resident of the MSAR;
2) Not having any right of abode in any foreign country or, when having it, committing to renounce it before taking charge of his or her office;
3) Having reached at least 40 years of age on the date of expiry of the term for the nomination as a candidate;
4) Having ordinarily resided in Macao for a continuous period of not less than twenty years, completed on the date of expiry of the term for the nomination as a candidate;
5) Upholding the Basic Law and being loyal to the People’s Republic of China and to the Macao Special Administrative Region;
6) Being enrolled in the electoral register and not being in any situation of electoral incapability.
Cases of disqualification
1. The persons indicated below are disqualified from being nominated as candidates, with the exception of those referred to in items 2) through 8) having resigned or retired before the commencement of the term for the submission of nomination as a candidate:
1) The Chief Executive in the exercise of his or her 2nd consecutive term of office;
2) The principal government officials;
3) The members of the Executive Council;
4) The magistrates and judicial clerks;
5) The members of the EACCE;
6) The members of the Election Committee;
7) The civil servants and the collective persons appointed by the Chief Executive for the full-time exercise of functions in public institutions, especially those working at the autonomous authorities and designations with autonomous funding, those in public services or those in the contractual entities of the utilization of public property and those in the institutions of which the MSAR is a shareholder.
8) Ministers of any religion or faith.
2. He or she who has been convicted with a final sentence to imprisonment for a term no shorter than 30 days, both inside and outside the MSAR, in the previous 5 years counted from the commencement of the term for presentation of nominations as a candidate, shall be disqualified from being nominated as a candidate.
3. The nominated candidate shall declare that he or she stands for the election as an individual capability and that he or she will not participate in any political association during his or her term of office; he or she being a member of a political association shall publicly renounce to participate in the said association before taking charge of office, in the event of he or she being returned as elected and appointed.
4. The members of the Legislative Assembly being candidates at the election of the Chief Executive shall suspend the exercise of their functions since the date of their final admission as candidates and until the date of publication of the results of the election of the Chief Executive; in case a member is returned as elected and is appointed he or she is deemed to have lost his or her capability as a member since the date he or she takes charge of his or her office.
Right to nominate candidates
1. Only the members of the Election Committee, enrolled in their respective books of register, shall have the right to nominate candidates.
2. Each member of the Election Committee may nominate only one candidate, otherwise subject to the nominations being void.
3. The members of the Election Committee are not permitted to withdraw a nomination presented by them.
Term for nomination
1. The nomination schedule shall be established and publicized by the chairperson of the EACCE.
2. The term for nomination shall not be shorter than 12 days and the date of its expiry shall precede the date of poll on the election of the Chief Executive by no less than 30 days.
Nomination form
1. The persons interested in being nominated as candidates to the office of Chief Executive or their representatives shall obtain the appropriate nomination form from the EACCE.
2. Time and venue for the collection and lodgment of the nomination form shall be established and publicized by the chairperson of the EACCE.
3. The template for the nomination of a candidate is reproduced in Annex IV to the present law, of which it is a part.
Request of support for a nomination
1. The persons interested in being nominated as a candidate to the office of Chief Executive may, personally or through their representatives or their candidature organizations, request support for their nomination from the members of the Election Committee.
2. The appointment of a representative, whom shall be a permanent resident of the MSAR and enrolled in the electoral register, shall be made by means of a power of attorney and is lodged with the EACCE.
3. The template for power of attorney is reproduced in Annex V to the present law, of which it is a part.
Form of nomination
1. The nomination of any candidate shall be made with the affixture of the signature of at least 50 members of the Election Committee on the nomination form.
2. Each member of the Election Committee subscribing the nomination form, as well as the nominated candidate, shall sign in conformity with their identification document, in the specified space in the nomination form and attach one copy of their identification document; moreover, the authenticity of signature of the nominated candidate shall be notarized.
3. The nominated candidate shall submit to the EACCE, before the expiry of the term for nomination, the duly completed nomination form, accompanied by the required documents; the acknowledgement of said documents is proved by the signature of the chairperson of the EACCE or of other person designated by him or her.
4. Nomination forms submitted after the expiry of the nomination term shall not be admitted.
Verification of admissibility of nominated candidates
1. The EACCE shall proceed to verify the admissibility of the nominated candidates within the term of 2 days after the expiry of the term for nomination, except in the case provided for in the following paragraph, where the term of conclusion is of 5 days.
2. The chairperson of the EACCE may request the nominated candidates or their representatives to submit, within 2 days, the documents necessary to rectify irregularities, when necessary.
3. The EACCE shall publicize its decision on the day following the conclusion of verification; the names of the admitted candidates, as well as the names of all nominators, shall be printed therein.
Complaints
1. The candidates and the members of the Election Committee may submit to the EACCE a complaint against the decision mentioned in paragraph 3 of the previous article, within 1 day of its publicity.
2. The EACCE shall make and publish a final decision on the complaints in the term of 1 day after the expiry of the term prescribed in the previous paragraph.
Finally admitted candidates
When no complaints have been submitted in the prescribed term or when the complaints submitted have been decided on, or when the judicial appeals lodged have been decided, the EACCE shall publicize, immediately, the names of finally admitted candidates.
Statute of candidates and representatives
1. Since the date of publicity of the names of finally admitted candidates and until the publication of the results of the election, the candidates and their representatives shall have the immunities prescribed in article 25 and the rights enshrined in paragraph 3 of article 30.
2. The representatives shall not exercise in their capability, any activity which is outside the scope of their representation.
Disqualified candidature
1. A finally admitted candidate loses his or her eligibility in any of the following situations:
1) Death;
2) Withdrawal;
3) Arrest or preventive detention for a crime punishable with a sentence to imprisonment for a maximum term longer than 3 months, committed inside or outside the MSAR, in case of the crime in the very act;
4) Verification and confirmation by the EACCE that he or she lacks one of the capabilities or requisites prescribed in article 35 or that he or she is in the situation referred to in paragraph 2 of article 36.
2. The withdrawal from the election shall be communicated at least 3 days before the polling day, by means of a written statement with notarized authenticity of signature, personally tendered by the candidate to the chairperson of the EACCE, or by any other means accepted by the latter.
3. The EACCE shall acknowledge with utmost urgency the cases of disqualified candidature and proceed to publicize them.
Second nomination
1. In the event of no finally admitted candidates, or in the event of only one finally admitted candidate who loses his or her candidature and no judicial appeal being lodged in the prescribed term or after the EACCE has decided on the complaints confirming its previous decision, a new nomination process shall be initiated; the chairperson of the EACCE shall define and publicize a new date for the purpose.
2. When the second nomination process cannot be concluded before the originally determined date of poll, or when the process may affect other current related processes, the Chief Executive shall fix a new date for the poll.
Electoral campaign
General principles
Each candidate and his representatives or candidature organizations shall be able to freely conduct their campaign activities and have the right of equal opportunities and treatment; nevertheless shall be responsible for the following acts:
1) They shall have civil responsibility, according to the general rules of the law, for any damages and injuries directly resulting from electoral campaign activities promoted by them;
2) They shall also be responsible for any consequences directly resulting from actions provoked by incitement to hatred and violence during the course of their electoral campaign activities.
Electoral campaign activities
1. The electoral campaign may be conducted, namely, with the following modalities:
1) Presentation of political programs and interviews conceded to the mass media;
2) Free mailing of electoral propaganda materials through the postal services;
3) Meetings with the members of the Election Committee;
4) The arrangement of conferences with the members of the Election Committee;
5) The arrangement of speeches and clarification sessions;
2. The EACCE shall organize, at least once for each candidate, a session aimed at the presentation of political programs and clarifications, inviting all members of the Election Committee for such purpose.
Commencement and end of the electoral campaign
The electoral campaign period commences in the fifteenth day before and ends at the 24th hour of the second day before the polling day.
Neutrality and impartiality of public entities
1. The entities of the Public Administration and other collective public persons, of government-participated companies, of public services, public property or the contractual entities for public works shall not intervene, either directly or indirectly, in the electoral campaign, and they shall not perform any act in any way favoring or prejudicing a given candidate to the detriment or advantage of another.
2. The personnel of the entities referred to in the previous paragraph shall observe, in the discharge of their duties, rigorous neutrality with respect to the different candidates, representatives and nominators.
3. Employees of the entities described in paragraph 1 are forbidden, during the discharge of their duties, to display symbols, stickers or other propaganda materials related to the election.
Freedom of the press and duties of the mass media
1. All the activities of the electoral campaign may be freely divulged by the mass media.
2. During the electoral campaign no sanctions shall be applied to journalists or to mass media enterprises, for acts related to the campaign; nevertheless it is permissible for a follow up hearing without prejudice to revisit matters of responsibilities which may only be enforced after the polling day.
3. The informational publications covering subjects related to the electoral campaign shall refrain from any discriminatory way of reporting, granting equal opportunities to all candidates.
Divulging of results of opinion polls
Since the beginning of the electoral campaign and until the day following the polling day the divulging of results of opinion polls or inquiries related to the candidates shall be forbidden.
Public places and buildings
The EACCE shall endeavor to ensure the right to use public buildings and places and precincts pertaining to any public entity or to other collective public person, for electoral campaign purposes, allocating equally their free utilization amongst all candidates.
Electoral contributions and expenditure
1. The candidates are responsible for contributions received and expenditure made in relation with the electoral campaign, without prejudice to the cases of gratuity provided for by the law.
2. The candidates shall proceed to a detailed accounting report of all contributions received and expenditure made for the electoral campaign, with the precise indication of the origin of the former and the destination of the latter.
3. The candidates and their representatives or candidature organizations shall not accept any contribution having monetary value for the electoral campaign, except for those offered by permanent residents of the MSAR.
4. Each candidate shall not spend for his or her electoral campaign more than the amount established as a limit by and order of the Chief Executive; said amount of limit shall correspond to the 0.02% of the total revenues of the MSAR General Budget for the relevant year.
5. Within 30 days after the election each candidate shall submit the accounts of his or her electoral campaign to the EACCE and have a summary of the said accounts published in, at least, two newspapers, one in Chinese language and another in Portuguese language.
6. The EACCE shall assess, within 30 days, the regularity of contributions and expenditure and have its assessment published in, at least, two newspapers, one in Chinese language and another one in Portuguese language.
7. Should the EACCE take cognizance of any irregularities in the accounts, it shall notify the candidate to submit, within 15 days, new regularized accounts and then assess them within 15 days.
8. Should any candidate not submit accounts in the term prescribed in paragraph 5, or not submit the new regularized accounts in accordance and within the term prescribed in the previous paragraph, or when the EACCE deems that there has been a violation of paragraphs 1 to 4, it shall inform the Procuratorate.
Electoral system, voting and counting of votes
Scope
Scope of application
The provisions of this Chapter are applicable to the election of members of the Election Committee referred to in article 12 and to the election for the office of Chief Executive.
Electoral system
Date of poll
1. The date of the poll is determined by executive order.
2. The poll shall take place only on a Sunday and shall be concluded in the same day, except when provided differently in this law.
3. The determination of the date of poll on the election for the office of Chief Executive shall comply with the following rules:
1) For the election at the end of the term of office of the Chief Executive, the date of the poll shall precede by, at least, 60 days the date of the end of term of office of the Chief Executive;
2) For the election due to vacancy of office of the Chief Executive, the determination of the date of the poll shall ensure that the new Chief Executive be elected within 120 days;
3) The date of the poll shall be published with, at least, 60 days prior anticipation.
4. The date of the poll on the election for the members of the Election Committee shall precede by, at least, 60 days the date of the poll on the election of the Chief Executive; its publicization shall be made with at least 60 days prior anticipation with respect to the date of poll on the election of the members of the Election Committee, except for the date of the supplementary poll.
Electoral ineligibilities
Those who are in one of the following situations are disqualified from voting and are not eligible at the election:
1) Persons who have been interdicted with a final decision;
2) Those who, though not being interdicted with a court decision, are notoriously recognized as dements, and admitted in a psychiatric centre or declared as such by a Panel of three medical doctors;
3) Those who have been deprived of their political rights by a final court decision.
Exercise of the right of vote
1. The exercise of the right of vote is subject to the following conditions:
1) In the election of the members of the Election Committee, the enrollment in the appropriate book of register and the verification of identity of the elector by the board of the polling station;
2) In the election of the Chief Executive, the enrollment in the book of register of members of the Election Committee and the verification of identity of the voter by the EACCE.
2. The exercise of the right of vote shall be in accordance with the following rules:
1) In each round of voting each elector or member of the Election Committee shall only vote once;
2) The votes at the poll shall be cast as anonymous ballots;
3) The right of vote is exercised personally by the enrolled elector or member of the Election Committee, except when differently provided by this law;
4) In the election of members of the Election Committee the electors may only vote, in their respective polling stations, for the candidates of the sector or subsector for which they are registered.
5) In the election of the Chief Executive, the members of the Election Committee may only vote for one of the finally admitted candidates in his or her individual capacity.
3. The elector or member of the Election Committee shall not, within the polling station and within a distance of 100 meters from the building where it is functioning, reveal the candidate he or she voted or is going to vote for; nobody shall, with any justification, oblige anybody else to reveal his or her vote.
Criteria for return of candidates
1. In the election of members of the Election Committee:
1) Where the number of candidates of a given sector or subsector does not exceed the allocated number of seats for the said sector or subsector, those candidates shall automatically be returned at the election, and the poll shall not take place;
2) Where the number of candidates nominated for a given sector or subsector exceeds the allocated number of seats for the said sector or subsector, a poll shall be conducted by the relevant electors; the candidates for the said sector or subsector shall be declared as returned at the election according to the highest number of votes obtained, until the allocated seats are totally filled;
3) Where in one sector or subsector more than one candidate obtain the same number of votes for the last seat allocated, further rounds of voting shall be conducted for those candidates until the last candidate is declared as returned at the election according to the previous paragraph.
2. In the election of the Chief Executive:
1) The candidate obtaining a number of votes higher than half of the total number of members of the Election Committee shall immediately be returned at the election;
2) Where in the first round of voting no candidate obtains more than half of the total votes, a new round of voting shall be conducted for the candidates who obtained the two highest returns and the candidate who obtains the highest number of votes shall be returned at the election;
3) The poll shall be invalid when, after the preliminary counting to be conducted for each round of voting, the number of ballots cast is higher than the number of voting members of the Election Committee; a new round of voting shall be conducted subsequent to such a case.
Obligation for cooperation
1. The persons in charge of services and enterprises that require operation on the polling day shall, during the period of exercise of the right of vote, relieve their employees, who are electors, from the exercise of public or private functions without any loss of rights or benefits.
2. The persons designated to serve duties in the polling day shall be entitled to an allowance to be fixed by decision of the EACCE.
3. All civil servants who participate in the activities done on the polling day or on the day of the general counting of votes shall be entitled to one day of leave within one week after the conclusion of the general counting of votes.
Functioning of polling stations
Constitution of polling stations
1. The premises where polling stations shall be functioning are determined by the EACCE and publicized no later than the fifteenth day before the date of the poll.
2. For the election of the Chief Executive only one polling station shall be constituted.
3. For the election of members of the Election Committee three polling stations shall be constituted; polling sections shall be constituted as necessary and their numbers shall be determined by the EACCE according to the sectors, subsectors and number of electors. In each polling station or polling section an adequate number of ballot boxes shall be installed, duly identified with labels.
4. Polling stations shall be located in buildings providing good access, capacity and security measures.
Opening of polling stations
1. Polling stations shall be opened in the day fixed for the poll, except in the cases described in the following paragraph.
2. Polling stations shall not be opened when, in the day fixed for poll, a number 8 or above tropical cyclone warning signal is hoisted, or a serious calamity or perturbation of public order occurs; the impossibility of commencement shall be decided and publicized by the chairperson of the EACCE.
Interruption of functioning of polling stations
1. The functioning of polling stations shall be suspended in case of serious perturbation of public order, or violence or psychical coercion against an elector or member of the Election Committee, or hoisting of the number 8 or higher tropical cyclone warning signal, or of other serious calamity.
2. The functioning of polling stations shall only be resumed after the chairperson of the competent entity verifies the existence of the conditions to proceed with the polling operations; polling time shall be proportionally extended and publicized.
Anticipated closure of polling station
1. Before the normal time of closing of polling stations, the chairperson of the competent entity may announce the anticipation of closing of the polling station in any of the following situations:
1) The competent entity is not able to rectify all irregularities occurred in the first two hours following the opening of the polling station;
2) Interruption of functioning of the polling station for more than three hours.
2. Anticipation of closure of the polling station implies the voidity of the poll conducted there, and the necessity for an adjournment of the poll.
Presence of extraneous persons
1. The presence of extraneous persons at polling stations without the authorization of the competent entity is not permitted, except in case of electors or of members of the Election Committee with the right to vote therein or of candidates for the election of members of the Election Committee, or of employees in the exercise of their functions or of specialists permitted by the competent entity.
2. Mass media professionals may only take photographs inside the polling stations whilst being permitted by the competent entity, without affecting the polling process and its confidentiality.
Prohibition of electoral propaganda
1. Any electoral propaganda shall be forbidden within polling stations, as well as within the perimeter of the buildings where they are functioning, including their external walls.
2. Electoral propaganda also includes the display of symbols, badges or stickers related to the candidates.
Supervision over polling stations
1. In the polling stations appropriate measures shall be taken by the competent entity to ensure the freedom of electors and members of the Election Committee, as well as order in the polling station.
2. Electors or members of the Electoral Committee who are manifestly drunk or under the effect of drugs or bringing any weapon or instrument usable as a weapon shall not be permitted into polling stations.
Security in polling stations
1. The Commissioner General of the Unitary Police Services shall designate a director of the Public Security Forces Bureau to be in charge of all matters of security on the polling day; their presence inside the polling stations, though, shall only be permitted in the cases provided for in the following paragraphs.
2. In case of any riot or any aggression or violence seriously perturbing public order inside the building where the polling station is functioning or in its vicinity, and also in case of disobedience to his or her orders, the chairperson of the competent entity may, having consulted the other members of the competent entity, require the presence of the Public Security Forces, whenever possible in writing and mentioning the causes and the duration of their presence in the record of electoral operations.
3. Amidst strong circumstances whereby indicating that physical or psychical coercion is being exercised on the members of the competent entity, impeding the request mentioned in the previous paragraph, the director of the Public Security Forces may take the initiative to appear at the scene; he or she shall withdraw after it is so decided by the chairperson of the competent entity.
4. The director of the police forces, where he or she deems it as necessary, may petrol, unarmed and for a maximum period of ten minutes, the polling station, for the purpose of exercising communication with the chairperson of the competent entity.
Polling process
Ballots
1. In the election of members of the Election Committee the ballots are produced in correspondence with the sector or subsectors described in paragraphs 1 and 2, and in item 1) and 2) of paragraph 3 of Annex I.
2. The name of all candidates shall be printed on each ballot.
3. The candidates appearing on the ballots shall be sorted by their Chinese surnames and names or, when they do not have it, the translation of their name into such language, according to the increasing number of strokes of the traditional Chinese characters in the order of the least stroke appearing first; in case of candidates with identical surnames and names, their respective electoral registration number shall also appear below their names.
4. On the same direction where each name is provided on the ballot there shall be a blank square box, to be marked by the elector with a symbol to indicate his or her preference on the candidate.
5. The EACCE shall determine the production and quantity of ballots.
Commencement of poll
1. Time of opening and mode of functioning of the polling stations shall be defined and publicized by the EACCE.
2. In the election of members of the Election Committee the chairperson of the board, after declaring the opening of the polling station, shall proceed with the other members of the board and the candidates who are present to the inspection of the polling booth and of the working documents of the board; shall display the empty ballot box to all persons who are present; and shall declare the commencement of the poll.
3. In the election for the office of the Chief Executive the members of the Election Committee shall be present in the polling station at the time fixed by the chairperson of the EACCE and the related formalities shall be carried out; after at least two thirds of the members of the Election Committee have arrived, and the related formalities have been carried out, the chairperson of the EACCE shall order the empty ballot box displayed to all persons who are present and declare the commencement of the poll.
Closing of poll
1. In the election of members of the Election Committee:
1) The admission of electors in the polling station shall take place until the time of closing fixed and publicized by the EACCE; after the said time only those electors who are present in the polling station shall have the eligibility to vote;
2) The chairperson of the board shall declare the poll closed after all the electors who are present in the polling station have voted;
3) After the closing of the first round of voting, the preliminary counting of votes shall be conducted. In any of the cases provided for in item 3) of paragraph 1 of article 60, a second or a subsequent round of voting shall be conducted, in the same day and within the time fixed by the EACCE, in order to have the last member of the Election Commission returned at the election; the EACCE shall, for the purpose, adopt appropriate forms of communication;
4) Should it not be possible to conduct the second or the subsequent round of voting in the same day, it shall be conducted at the 10th hour of the following day, until the last member of the Election Committee is returned at the election; the EACCE shall, for the purpose, adopt appropriate forms of communication.
2. In the election for the office of the Chief Executive:
1) After all the members of the Election Committee who are present in the polling station have voted, the first round of voting shall be closed; the members shall remain temporarily in the polling station to participate in the following round of voting, should it take place;
2) After the first round of voting has been concluded the preliminary counting of votes shall be conducted; where a candidate obtains a number of votes higher than half the number of all the members of the Election Committee the chairperson of the EACCE declares the poll closed;
3) Where no candidate obtains a number of votes higher than half the number of all members of the Election Committee the subsequent round of voting shall be conducted immediately, until a candidate is returned;
4) The members of the Election Committee having arrived in the polling station after the announcement of the preliminary counting of votes has been declared by the chairperson of the EACCE, may only participate in the subsequent round of voting, should it take place.
Adjournment of the poll
In the cases provided for in paragraph 2 of article 63 and in paragraph 2 of article 65, the Chief Executive shall adjourn the poll and order a new date of polls published within five days.
Credentials for the exercise of the right of vote
1. The associations or organizations with electoral eligibility shall issue to their electors the credentials for the exercise of the right of vote referred to in paragraph 5 of article 19 no later than the day before the poll on the election of members of the Election Committee.
2. The members of the Election Committee shall collect from the SAFP the credentials for the exercise of the right of vote issued by the SAFP no later than the second day before the poll on the election for the office of the Chief Executive.
Order of voting
1. In the election of members of the Election Committee the electors shall vote in their order of arrival at the polling station.
2. In the election for the office of Chief Executive the members of the Election Committee shall vote according to the order indicated by the EACCE.
3. Special care shall be delivered to ageing, disabled, unwell or pregnant persons.
Vote by blind and disabled persons
1. Blind or physically ill or disabled electors or members of the Election Committee shall submit to the competent entity a declaration proving their inaccessibility to vote personally and unaccompanied, issued by a medical doctor of the Health Bureau.
2. Persons referred to in the previous paragraph may vote accompanied by another elector or member of the Election Committee to his or her choice, who must guarantee the faithful expression of his or her vote and who is subject to a strict confidentiality.
3. For the purpose of what is provided in paragraph 1 the health centers designated by the chairperson of the EACCE shall remain operating on the polling day, during the period of functioning of the polling stations.
Mode of voting
1. Each elector or member of the Election Committee shall register with the competent entity of the polling station, presenting his or her credentials for the exercise of the right of vote and his or her identification document.
2. In case of lack of a sufficient identification document, the elector or member of the Election Committee may identify him- or herself by submitting any document containing his or her recent picture and being generally used for identification, or by means of two electors or members of the Election Committee declaring a statement, binding upon their honor, of his or her identity.
3. The elector or member of the Election Committee, after having his or her enrollment confirmed and verified by the chairperson or vice-chairperson of the competent entity, shall be issued a ballot by said chairperson or vice-chairperson and shall sign the book of register in the space designated for the purpose.
4. The elector or member of the Election Committee shall then enter the polling booth located in the polling station, on his own or accompanied in the cases provided for in the previous article, where he or she shall fill in the ballot marking with an “X”, “+” or “” symbol in the square box corresponding to the candidate he or she intends to vote, or does not mark any.
5. The elector or member of the Election Committee shall immediately fold the ballot referred to in the previous paragraph and deposit it in the ballot box; the scrutinizers shall immediately strike off the name of the elector or member having voted.
6. Where, inadvertently, the elector or the member of the Election Committee deteriorates the ballot, he or she shall ask the chairperson or vice-chairperson for another ballot, returning the deteriorated one; the chairperson or vice-chairperson shall affix on the returned ballot a note declaring it unusable, initiate and retain it for further process.
7. In the election of members of the Election Committee the elector shall, after voting, withdraw immediately from the polling station.
Queries, complaints, protests and counter-protests
1. The candidates or the members of the Election Committee may raise queries and lodge written complaints, protests or counter-protests in relation to the electoral operations of their respective polling station and support them with the appropriate documents.
2. The competent entity cannot refuse without justified reasons to receive the complaints, protests and counter-protests, and shall have the duty to initiate them and attach them to the record.
3. Complaints, protests and counter-protests shall be subject to a decision by the competent entity; the decision may be made at the end of the poll when the competent entity is satisfied that this does not affect the normal proceeding of the same round of poll.
4. All decisions of the competent entity shall be clear with reasons and be taken by absolute majority of the members who are present; the chairperson shall have the casting vote.
Preliminary counting of votes
Preliminary operation of counting
After the poll is closed, the chairperson of the competent entity shall proceed to the counting of unused ballots and of those which have been made unusable by the electors or by the members of the Election Committee and place them, with the necessary specification, in an appropriate envelop which shall be closed and sealed.
Counting of voters and ballots
1. After the preliminary operation has been concluded, the chairperson of the competent entity shall have all the voters counted according to the names stricken off the books of register.
2. Subsequently, the chairperson shall have the ballot box opened in order to determine the number of deposited ballots and, at the end of the counting, shall place them back in the ballot box.
3. For the purpose of counting, in case of difference between the number referred to in paragraph 1 and the counted number of ballots, the latter shall prevail, except where differently provided in this law.
4. The counted number of ballots is immediately publicized by edict affixed at the entry of the polling station or polling section.
Counting of votes
1. One of the scrutinizers shall unfold the ballots, one by one, and announce the candidate voted therein, as another one shall record in the appropriate form the votes attributed to each candidate as well as the blank and void votes.
2. Meanwhile, the ballots shall be examined by the chairperson and groups, with the help of one of the members of the competent entity, in different stacks corresponding to each of the voted candidates, the blank votes and the void ones.
3. Once the mentioned operations have been concluded, the chairperson shall proceed to a cross-check of the counting of the votes recorded in the form referred to in paragraph 1, by means of counting the number of ballots of each separate stack.
4. The candidates shall then have the right to examine the separate stacks of ballots, without altering their composition; should they intend to raise queries or lodge complaints related to the counting or to the assessment given to the vote of any ballot, they shall announce them before the chairperson; in case their complaints on the assessment given to a vote are not accepted, they shall have the right to initiate on the relevant ballot together with the chairperson.
5. The counting of votes so carried out shall immediately be publicized by an edict affixed at the entry of the polling station, where the number of votes attributed to each candidate, the number of blank and void votes shall be indicated separately; in case of election for the members of the Election Committee the result of the counting shall be reported to the EACCE, whereas in the election for the office of Chief Executive it is incumbent upon the chairperson of the EACCE to proclaim, immediately, the name of the candidate returned at the election and the number of votes obtained.
Voided vote
1. The ballot:
1) In which any sort of cutting and tearing, painting, marking and correcting, or any wording being written on;
2) In which the vote has been marked in a way different from the one prescribed in paragraph 4 of article 77;
3) In which a number of candidates higher than the number of candidates to be returned has been marked shall correspond to a void vote.
2. The ballot shall not be considered as void when the symbol “X”, “+” or “”, though having been expressed imperfectly or exceeding the borders of the square box, undoubtedly indicates the will of the elector.
Blank vote
The ballot which has not been marked in any of the square box provided for the purpose shall correspond to a blank vote.
Destination of ballots subjected to complaints or protests
The ballots upon which a complaint or protest has been lodged shall, after being initiated by the chairperson or vice-chairperson of the competent entity, be transmitted to the General Counting Committee, with the subsequent documents.
Destination of other ballots and supporting materials
1. Deteriorated, unusable or unused ballots, as well as the remaining supporting materials shall be, immediately after the conclusion of the counting referred to in article 81, returned to the SAFP by the competent entity, which shall illustrate an account of all ballots received.
2. Valid, blank and void ballots shall be separately placed in packages duly sealed with sealing wax and entrusted to the CFA.
3. The CFA shall designate a representative for the reception of the ballots referred to in the previous paragraph.
4. The term for bringing judicial appeals having expired, or the judicial appeals brought having been finally decided, the CFA and the SAFP shall proceed to the destruction of such ballots.
Records of electoral operations
1. It is incumbent upon the secretary of the board to proceed to the elaboration of the record of the electoral operations and of the counting of votes at the elections for the members of the Electoral Committee; it is incumbent upon the Secretariat of the EACCE the elaboration of the record of the electoral operations and of the counting of votes at the election for the office of Chief Executive.
2. In the record there shall be documented:
1) The name of the members of the competent entity and their number of enrollments in the electoral register;
2) The time of opening and closing of the poll and the location of the polling station;
3) The decisions made by the competent entity during the period of functioning at the polling station;
4) The total number of enrolled electors or members of the Election Committee, both voting and non-voting groups;
5) The name of each candidate and the number of votes obtained and, also, the number of blank votes and the number of void votes;
6) The number of ballots upon which there have been complaints or protests;
7) The difference in counting referred to in paragraph 3 of article 80, if any, with all findings of differences in details;
8) The number of complaints, protests and counter-protests attached to the record book;
9) Any other occurrences that should be recorded therein, according to the present law, or any other occurrences deemed as significant by the competent entity.
Transmission to the General Counting Committee
Immediately after the conclusion of the scrutiny, the chairperson of the related entity of the polling station shall personally deliver, against a receipt, all documents related to the poll to the chairperson of the General Counting Station.
General counting of votes
General Counting Committee
1. It is incumbent upon the General Counting Committee, appointed by a dispatch of the Chief Executive to be published in the Official Gazette of the MSAR and to be affixed in the premises where the SAFP is functioning, to proceed to the general counting of votes at the election of the members of the Election Committee and at the election for the office of the Chief Executive.
2. The General Counting Committee is composed by three members; the chairperson shall be a magistrate of the Public Prosecution Committee.
3. The General Counting Committee may summon the chairpersons of the boards of the polling stations in order to have their involvement in the general counting of votes.
Functioning
1. The General Counting Committee shall be constituted no later than the second day before the polling day at the election of members of the Election Committee, and shall commence its operations at the 10th hour of the day following the poll, in the premises where the SAFP is functioning.
2. The candidates have the right to be present, without right of vote, at the General Counting Committee operations, and may submit complaints, protests or counter-protests.
3. The members of the General Counting Committee and other team members shall have the immunities referred to in article 25 and the rights enshrined in paragraph 3 of article 30 during the actual functioning of the General Counting Committee and during the two days following its closure.
Contents of the general counting of votes
The general counting of votes consists of:
1) The verification of the total number of enrolled electors or members of the Election Committee;
2) The verification of the total number of voting and non-voting electors or members of the Election Committee, with the indication of their respective percentages in relation to the total number of enrolled electors or members of the Election Committee;
3) The verification of the total number of blank votes, void votes and valid cast votes, with the indication of their respective percentages in relation to the total number of voting electors or members of the Election Committee;
4) The verification of the total number of votes obtained by each candidate, with the indication of their respective percentages in relation to the total number of valid cast votes;
5) The determination of the returned members of the Election Committee and the returned Chief Executive.
Information of general counting of votes
1. The general counting of votes is based on the records of operations of polling stations, the books of register and the other accompanying documents.
2. In case of lack of information from any of the polling stations, the general counting of votes shall commence based on the information already received; the chairperson shall mark a new meeting within the next 48 hours to conclude the operations, and take the necessary measures to rectify the default.
Reassessment of preliminary countings
1. At the beginning of its operations, the General Counting Committee shall decide on the ballots in relation with which there have been complaints or protests and verify the ballots considered as void, reassess them according to set standards.
2. According to the result of the operations described in paragraph 1 the General Counting Committee shall rectify, should it be the case, the counting of the relevant polling station.
Proclamation and publicity of the results
The results of the general counting of votes shall be proclaimed by the chairperson and, subsequently, publicized by means of an edict affixed in the premises where the SAFP is functioning.
Record of the general counting of votes
1. After conclusion of the general counting of votes a record shall immediately be created where the results of the operations shall be printed, together with the complaints, protests and counter-protests referred to in paragraph 2 of article 89 and the decisions made upon them.
2. In the two days following the conclusion of the general counting of votes the chairperson shall transmit a copy of the record and all documents received by the General Counting Committee to the CFA, with a copy of same record to EACCE for file.
3. The ruling for any judicial appeals having expired or any appeals appropriately having been decided, the CFA proceeds to the destruction of all documents, except for the records of the polling stations and the records of the General Counting Committee.
Recognizance of the results of election
1. In the election for members of the Election Committee, the CFA, after verifying the copy of the record and the documents transmitted by the General Counting Committee, shall publicize, in the same day, the name of the candidates returned at the election by edict to be affixed in the premises where the CFA functions; it shall also transmit, at the same time, a copy of the duly verified record of the result of the election to the EACCE.
2. In the election for the office of the Chief Executive the CFA, after verification of the copy of the record and the documents transmitted by the General Counting Committee, shall immediately publish the result in the Series I of the Official Gazette of the MSAR.
Judicial appeal
Judicial appeal related to the eligibility of participants and candidates
Legitimacy
The following persons shall have the legitimacy to bring a judicial action:
1) The participants at the election of members of the Election Committee who have not been admitted in the list referred to in paragraph 2 of article 22;
2) The candidates at the election for the office of the Chief Executive who have not been admitted by decision of the EACCE as referred to in paragraph 2 of article 43;
3) The candidates at the election for the office of the Chief Executive who, by confirmation of the EACCE, have lost their status, according to item 4) of paragraph 1 of article 46.
Jurisdiction and term
1. A judicial appeal shall specify its grounds on facts and on the law perspective with accompany of all evidences mandatory; it shall be lodged with the CFA.
2. A judicial appeal shall be lodged within the following terms:
1) In the day following the day of affixture of the list referred to in paragraph 2 of article 22, in the case referred to in item 1) of the previous article;
2) In the day following the day of publicity of the decision referred to in paragraph 2 of article 43, in the case referred to in item 2) of the previous article;
3) In the day following the day of publicity referred to in paragraph 3 of article 46, in the case referred to in item 3) of the previous article.
Procedure
1. After having received the appeal, the CFA shall summon the interested persons, by means of affixture by an edict within its premises and publication of such notice in a Chinese language newspaper and in a Portuguese language.
2. The term for counter-statement shall be 1 day, counted since the day following the day of the publication by notice in the newspapers.
3. The CFA shall finalize a decision on the appeal within 2 days of the expiry of the term provided for in the previous paragraph, and shall immediately affix the decision within its premises notifying it, at the same time, to the interested parties.
Judicial appeal related to poll and counting of votes
Conditions of appeal
A judicial appeal may be initiated on irregularities occurred during the poll in the polling station and during the preliminary or general counting of votes when such irregularities have been lodged and become matters of complaint, protest or counter-protest at the time they occurred.
Legitimacy
The representatives of the candidates, in addition to persons who lodged the complaint, protest or counter-protest, may appeal against the decision on the complaint or the protest.
Jurisdiction, term and procedure
1. A judicial appeal shall specify its grounds of facts and laws and shall be accompanied by all evidence.
2. A judicial appeal shall be lodged in the day following the day of affixture of the edict publicizing the results of counting of votes; it shall be lodged with the CFA.
3. The provision of article 98 shall be applicable, with the necessary changes, to the proceedings of the appeal.
Effects on count decision
1. Polls in polling stations shall only be pronounced as being void when illegalities occurred which may affect the general result of the election.
2. Where the poll in a polling station is pronounced void, the corresponding polling operations shall be repeated in the second Sunday following the decision.
Electoral registration illegalities
Scope of application
Criminal infringements committed during or in relation to any electoral registration process or any registration procedure shall be subject to the provisions of this Chapter; articles 34 to 39; rules of Law no. 12/2000 shall apply as subsidiary rules.
Forgery of credentials for the exercise of right of vote
Any person who, with fraudulent intent, modifies or substitutes the credentials for the exercise of the right of vote shall be liable to imprisonment for 1 to 5 years.
Retention of credential for the exercise of the right of vote
1. Any person who retains any credentials for the exercise of the right of vote, against the will of the entitled person or by means of an offer, promise or concession of employment, property or economic benefit, shall be liable to imprisonment for 1 to 5 years.
2. The electors or members of the Election Committee who accept any of the benefits provided for in the previous paragraph shall be liable to imprisonment up to 3 years or to a fine commensurable up to 360 days of detention.
Forgery of books of register
Any person who, with fraudulent intent, corrupts, substitutes, destroys or alters the books of register of electors or members of the Election Committee shall be liable to imprisonment for 1 to 5 years.
Electoral offence
General provisions related to criminal infringements
Concurrence with more serious offences
The penalties imposed according to this law do not exclude more serious penalties regulated against such infringement provided for in other laws.
Aggravating factors
The following shall constitute aggravating factors of an electoral offence:
1) When the infringement affects the results of the poll;
2) When the infringement is committed by a member of the EACCE;
3) When the infringement is committed by a member of the board of a polling station;
4) When the infringement is committed by a member of the General Counting Committee;
5) When the infringement is committed by a candidate or by his or her representative.
Disciplinary responsibility
The infringements provided for in this law also constitutes to disciplinary infringements when being committed by any public administrative persons.
Penalty for intent of crime
An intent of crime shall always be punished.
Supplementary punishment of suspension of political rights
The sentence for the commitment of an electoral offence may concur with the supplementary punishment of suspension of political rights, for 2 to 10 years.
Supplementary punishment of termination of service
The sentence for the commitment of an electoral offence by a person who works at the public administration shall concur with the supplementary punishment of termination of service, when the offence has been committed with manifest and serious abuse of functions or with manifest and serious violation of his or her inherent duties.
Impossibility to suspend or commute the sentence
Sentences based on the commitment of an electoral offence shall not be suspended nor shall the penalty be commuted into any other.
Time allowance
The effective period for proceedings related to electoral offences shall be 1 year from the commitment of the punishable act.
Electoral offences
Nomination of an ineligible person
Any person who accepts his or her nomination as a candidate at the election for the office of the Chief Executive not being eligible shall be liable to imprisonment for up to 3 years.
Multiple nominations
The member of the Election Committee who affixes his or her signature on two or more forms for the nomination of a candidate at the election of the Chief Executive shall be liable to a fine commensurable to up to 100 days of detention.
Coercion and fraudulent means towards a candidate
Any person who exercises violence, coercion, deceit, fraudulent means, false information or any other illicit means to force or induce any person not to be a candidate or to withdraw his or her candidature, shall be liable to imprisonment for up to 3 years.
Ballot tampering
Any person who unduly removes the ballots or retains them or impedes their distribution or, by all means, prevents the ballots from reaching their destination in the term prescribed by the law shall be liable to imprisonment for up to 3 years.
Violation of duties of neutrality and impartiality
Any person who, in the exercise of his or her functions, infringes his or her legal duties of neutrality and impartiality with respect to the different candidates shall be liable to imprisonment for up to 3 years or to a fine commensurable to up to 360 days of detention.
Undue use of a candidate’s name
Any person who uses a candidate’s name during the electoral campaign with the intent of prejudicing or abusing him or her shall be liable to imprisonment for up to 1 year or to a fine commensurable to up to 360 days of detention.
Disturbance of electoral propaganda gathering
Any person who, with riots, disorders or clamors disturbs an electoral propaganda gathering or an electoral rally shall be liable to imprisonment for up to 3 years or to a fine commensurable to up to 360 days of detention.
Damages to electoral propaganda materials
1. Any person who robs, steals, destroys, shreds or in any way makes any electoral propaganda materials unusable or unreadable, totally or partially, or disguises them with any materials, shall be liable to imprisonment for up to 3 years and to a fine commensurable to up to 360 days of detention.
2. The acts described in the previous paragraphs are not punishable when the propaganda materials have been affixed in the house or within the premises of the indicted person without his or her consent or affixed before the commencement of the electoral campaign.
Obstruction of correspondence
1. The postal employee who, by negligence, wrongly forwards, retains or fails to deliver any electoral propaganda materials to the appropriate addressee shall be liable to imprisonment for up to 1 year and to a fine commensurable to up to 360 days of detention.
2. Any person who fraudulently commits the acts described in the previous paragraph shall be liable to imprisonment for up to 3 years.
Electoral campaign on the polling day
1. Any person who, on the polling day, performs act of electoral propaganda by any means, infringing the provisions of the present law, shall be liable to a fine commensurable to up to 120 days of detention.
2. Any person who, on the polling day, performs acts of propaganda in the polling stations or in their immediate surroundings within a distance of 100 meters, infringing the provisions of the present law, shall be liable to imprisonment for up to 6 months.
Fraudulent vote
Any person who fraudulently presents him- or herself to vote under the identity of an enrolled elector or member of the Election Committee shall be liable to imprisonment for up to 3 years.
Multiple votes
Any person who, in the same poll, votes more than once in the same round of voting shall be liable to imprisonment for up to 3 years.
Violation of confidentiality of vote
1. Any person who, in the polling station or in its immediate surrounding within a distance of 100 meters, uses coercion or means of any nature or uses his or her influence on the elector or member of the Election Committee to have his or her vote revealed, shall be liable to imprisonment for up to 6 months.
2. Any person who, in the polling station or in its immediate surrounding within a distance of 100 meters, reveals which candidate he or she voted or is going to vote, shall be liable to a fine commensurable to up to 20 days of detention.
Abuse of voting authority on admission or refusal of voter
The members of the competent entity of the polling stations who contribute to the admission of a person not having the right of vote or not having the right of vote in that polling station, or who contribute to prevent a person who has such a right from voting, shall be liable to imprisonment for up to 3 years.
Abuse of legal authority on impediment of vote
Any public authority is representative who, on the polling day, under any pretext or form prevents an elector or member of the Election Committee from going to vote, shall be liable to imprisonment for up to 3 years.
Abuse of functions
Any citizen vested with public powers, civil servant or employee of any other public entity or minister of any religion or faith who, abusing his or her functions or in the exercise of them, uses the said functions to force or induce the electors or members of the Election Committee to vote or to refrain from voting for a given candidate, shall be liable to imprisonment for up to 3 years.
Coercion or fraudulent measures against an elector or member of the Election Committee
1. Any person who uses violence or threat on any elector or member of the Election Committee or uses deceit, fraudulent means, false information or any other illicit means to force or induce any elector or member of the Election Committee to vote or refrain from voting a given candidate, shall be liable to imprisonment for 1 to 5 years.
2. The punishment prescribed in the previous paragraph shall be augmented by one third in its minimum and maximum terms when the threat is committed with the use of a forbidden weapon or when the violence is exercised by two or more persons.
Employment-related coercion
Any person who applies or threatens to apply any disciplinary sanction on a worker, including termination of employment, or prevents or threatens to prevent someone from obtaining an employment, for the purpose of making an elector or member of the Election Committee vote or refrain from voting or for the reason that he or she voted or refrained from voting a given candidate, or because he or she participated or refrained to participate in the electoral campaign, shall be liable to imprisonment for up to 3 years, without prejudice to the voidity of the disciplinary sanction and to the automatic readmission of the employee, or to the liability for any damages suffered due to the actual termination of the employment or enforcement of any other unlawful sanction.
Electoral corruption
1. Any person who, persuades an elector or a member of the Election Committee to vote or to refrain from voting for a given candidate, offers, promises or concedes public or private employment, or any property or benefit, shall be liable to imprisonment for 1 to 5 years.
2. Any elector or member of the Electoral Committee who accepts any of the benefits provided for in the previous paragraph shall be liable to imprisonment for up to 3 years or to a fine commensurable to up to 360 days of detention.
Failure to display the ballot box
The chairperson of the competent entity of the polling station who at the moment of declaration of the commencement of poll fails to display the ballot box to the electors or members of the Election Committee, in order to hide the ballots previously introduced therein, shall be liable to imprisonment for 1 to 5 years.
Unfaithful representation
The person accompanying a blind or seriously ill or physically disabled elector or member of the Election Committee who does not faithfully observes the expression or the privacy of the vote of the elector or member of the Election Committee, shall be liable to imprisonment for up to 3 years.
Depositing ballots and removal of votes by frauds
Any person who fraudulently introduces ballots in to the ballot box before or after the commencement of the poll or takes possession of the ballot box with the ballots contained therein which are not yet counted or takes possession of one or more ballots any time, between the opening of the polling station and closing of the general counting of votes, shall be liable to imprisonment for 1 to 5 years.
Fraudulent acts by the members of the competent entity
Any member of the competent entity of the polling station who strikes off or allows to strike off the name of an elector or member of the Election Committee who has not voted, or who does not strike off an elector or member of the Election Committee who has voted, or who changes in the announcements when reading ballots the name of the voted candidate, or who reduces or increases the votes to a given candidate during the counting of votes, or who in any way falsifies the true facts of the election, shall be liable to imprisonment for 1 to 5 years.
Refusal of complaints, protests and counter-protests
The chairperson of the polling station or the chairperson of the General Counting Committee who, without a justified reason, refuses to receive a complaint, protest or counter-protest shall be liable to imprisonment for up to 1 year or to a fine commensurable to up to 360 days of detention.
Disturbance of a polling station or of the General Counting Committee
1. Any person who, with riots, disorders or clamors, disturbs the regular functioning of a polling station or of the General Counting Committee shall be liable to imprisonment for up to 3 years.
2. Any person who, by the same means, impedes the continuation of functioning of a polling station or of the General Counting Committee shall be liable to imprisonment for 1 to 5 years.
Failure for the Public Security Forces to turn up
The person in charge of the Public Security Forces who without justification does not appear in case when his or her presence has been required, according to paragraph 2 of article 69, shall be liable to imprisonment for up to 3 years.
Unauthorized admission for the Public Security Forces into the polling station
The person in charge of the Public Security Forces who appears with the said forces in the place where a polling station is functioning, without having been requested by the chairperson of the board or by the chairperson of the EACCE, shall be liable to imprisonment for up to 1 year.
Forgery of ballots or records or documents related to the election
Any person who alters, hides, substitutes, destroys or suppresses, by any means, the ballots, the records of the polling station or of the General Counting Committee or any document related to the election shall be liable to imprisonment for 1 to 5 years.
False certification of illness or physical disability
A medical doctor of the Health Bureau of the MSAR who issues a false certification on an illness or physical disability shall be liable to imprisonment for up to 5 years or to a fine commensurable to up to 360 days of detention.
Fraudulent acts by a member of the General Counting Committee
A member of the General Counting Committee who, by any means, falsifies the results of the general counting of votes or the related documents shall be liable to imprisonment for 1 to 5 years.
Contraventions
Jurisdiction
1. The adjudication and application of fines for the contraventions provided for in the present section shall be in the jurisdiction of the Court of First Instance.
2. The fines provided for in this section shall constitute revenues for the MSAR.
Multiple nominations
A member of the Election Committee who affixes his or her signature, by negligence, on two or more forms for nomination of candidate at the election for the office of the Chief Executive shall be liable to a fine of MOP 250 to 750.
Failure to assume functions or abandon of functions
A member of the competent entity of a polling station or a scrutinizer or a member of the General Counting Committee who, without a justified reason, fails to assume or fails to exercise or abandons his or her functions, shall be liable to a fine of MOP 1,000 to 10,000.
Anonymous electoral campaign
Any person who performs acts of electoral campaign without disclosing identification of the related candidate shall be liable to a fine of MOP 5,000 to 25,000.
Divulging of results of opinion polls
Enterprises or organizations working on mass media, advertisement or opinion poll which, infringing the provisions of the present law, divulge or promote the divulging of opinion polls shall be liable to a fine of MOP 10,000 to 100,000.
Violation of duties of mass media
Mass media which, infringing the provision of paragraph 3 of article 52, do not provide equal treatment to the different candidates shall be liable to a fine of MOP 5,000 to 50,000.
Propaganda on the day before the polling day
Any person who, on the day before the polling day, performs by any means acts of propaganda, infringing the provisions of the present law, shall be liable to a fine of MOP 1,000 to 5,000.
Infringement of provisions on contributions and expenditure
1. The candidates or their representatives who infringe the provision of paragraph 3 of article 55 shall be liable to a fine of MOP 10,000 to 100,000.
2. The candidates who infringe the provision of paragraph 4 of article 55 are liable to a fine of an amount equal to the tenfold of the amount spent in excess.
3. The candidates who do not specifically indicate or do not duly prove the accounts for contributions and expenditure of their electoral campaign shall be liable to a fine of MOP 5,000 to 50,000.
4. The candidates who do not submit an electoral accounting report within the terms prescribed in the present law shall be liable to a fine of MOP 50,000 to 100,000.
5. The candidates who do not publish their electoral accounts in the terms prescribed in the present law shall be liable to a fine of MOP 10,000 to 100,000.
Failure to comply with formalities
The members of the board of a polling station, or the members of the EACCE or the members of the General Counting Committee who, without fraudulent intention, fail to comply or do not fully comply with any of the formalities prescribed in the present law shall be liable to a fine of MOP 250 to 2,500.
Final and transitional provisions
Subsidiary régime
1. The provisions of the Law no. 12/2000, with the necessary amendments, shall apply to any issue related to the régime of the electoral register not directly regulated in the present law.
2. To all issues not directly regulated in the present law, in relation to the acts involving the intervention of the courts, the Code of Administrative Procedure, approved by Decree-Law no. 110/99/M of 13 December, shall apply.
Suspension of registration
1. For the purposes of application of the present law, the processing of applications for recognizance of electors and of the registration shall be suspended since the date of entry into force of this law, until the date of publication in the Official Gazette of the MSAR the assignment of the Chief Executive in the official document of appointment.
2. The applications for recognizance and enrollment which have been lodged with the SAFP during the period of suspension of the registration shall be processed after the expiry of the period of suspension.
Recognizance and enrollment of collective persons
1. For the purposes of application of the present law, the entities referred to in paragraph 1 of article 31 of the Law no. 12/2000 shall issue a favorable or unfavorable comment, within 5 days from receiving the application for recognizance of social interests transmitted by the SAFP.
2. The application for recognizance submitted by the association or organization before the date of the suspension provided for in paragraph 1 of the previous article shall be processed according to the following terms:
1) In the event the association or organization is recognized and is in conformity with the provisions of the Law no.12/2000, it shall automatically be enrolled in the books of electoral register of collective persons;
2) In the event it is not recognized, the relevant enrollment shall not be done; the application for recognizance shall not be commuted in an application for recognizance for other social interests; it shall be possible, however, to initiate a new process for recognizance after the suspension period.
Display of books of register and appeal
1. For the purposes of application of the present law, the compilation of the books of register of electors shall be initiated no later than the tenth day after the entry into force of the present law, and shall be concluded within the following 8 days for public display; the term of display shall be 3 days, to allow consultation and possible appeals lodged by the interested persons.
2. A list of all individual and collective persons who have concluded the enrollment process according to the Law no.12/2000 and to the present law shall be displayed in the books of register.
3. An elector with a legitimate interest in the registration of individual persons or unrecognized associations or organizations referred to in item 2) of paragraph 2 of the previous article, may directly lodge a appeal with the CFA in the period of display of the books of register referred to in paragraph 1 or within two days after the expiry of the term of display.
4. The provisions of article 98 shall apply, with the necessary changes, to the proceedings of the appeal.
5. In the event that the enforcement of the decision referred to in the previous paragraph should imply the rectification of the books of register, such rectification shall be concluded within 2 days, without, however, any necessity of a new display of the books.
Certifications
Upon request of any interested person, the EACCE shall issue within 3 days:
1) The certifications which are necessary for the process of submission of candidature;
2) The certifications of the general counting of votes.
Other templates and prints
For the purposes of application of the present law, the other templates and printout to be used at the elections of the members of the Election Committee and at the election for the office of the Chief Executive shall be elaborated and issued by the SAFP.
Tax exemptions
The following shall be exempted from any tax, fee or duty, according to the case:
1) The certifications which are necessary for the process of submission of candidature, as well as the ones related to the counting of votes;
2) All documents instrumental to the process of any complaint or protest or counter-protest before a polling station or the General Counting Committee, as well as of any complaint or appeal provided for in the present law;
3) The notarized certifications made in documents for electoral purposes;
4) The power of attorney documents to be used in the complaints and appeals provided for in the present law; the purpose of the said documents shall be specified therein.
5) Any request, including those within judicial proceedings, related to the electoral processes.
Expenditure
The expenditure arising from the execution of the present law shall be borne by funds to be specifically designated in the General Budget of the MSAR.
Entry into force
This law shall enter into force on the day following its publication.
Approved on 1 April 2004
The President of the Legislative Assembly, Susana Chou.
Signed on 01 April 2004
To be published.
The Chief Executive, Ho Hau Wa.
———
Annex I – List and allocation of sectors and subsectors
(as referred to by paragraph 2 of article 8)
Number of seats of members of the Election Committee related to the different sectors
1. The total number of members of the 1st sector – industrial, commercial and financial – is 100.
2. The total number of members of the 2nd sector is 80 distributed as
follows:
1) 18 members of the culture subsector;
2) 20 members of the
education subsector;
3) 30 members of the specialty subsector;
4) 12
members of the sports subsector.
3. The total number of members of the 3rd sector is 80 distributed as
follows:
1) 40 members of the labor subsector;
2) 34 members of the
social services subsector;
3) Members of the religion subsector: 2
representatives of Catholicism, 2 representatives of Buddhism, 1 representative
of Christianity
and 1 representative of Taoism.
4. The total number of members of the 4th sector is 40 distributed as
follows:
1) 16 representatives of members of the Legislative Assembly;
2)
12 Macao deputies to the National People’s Congress;
3) 12
representatives of Macao members of the National Committee of the Chinese
People’s Political Consultative Conference.
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