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Head of State After reviewing the results of the referendum of 25 May 2005 on amending
article 76 and adding article 192(repeated) to the constitution, According to article
189 of the constitution the amendment of article 76 and the addition of article
192 (repeated) to the constitution are issued as follows:
(Article 1)
Article 76 of the constitution is to be replaced by the following:
Article ( 76 ) President
of the Republic shall be elected by direct public secret ballot. For candidature
for presidency of the republic to be acceptable, a candidate should be supported
by at least 250 elected members of the People's Assembly, the Shura Council and
Municipal Councils in governorates, provided that supporters be at least 65 members
of the People's Assembly, 25 members of the Shura Council and 10 members of each
of the Municipal Councils of at least 14 governorates.
The number of supporters
from the People's Assembly, the Shura Council and the Municipal Councils of governorates
shall be increased with a percentage equal to the number of any of those councils.
In all case, supporting more than one candidate shall not be permissible. The law
shall organize the procedures of all that, and political parties that completed
fives continuous years before opening the door for candidature, practiced their
activities ever since and won at least 5% of the seats of elected members in both
the People's Assembly and the Shura Council may nominate one of the member of their
supreme board in accordance with their standing orders, provided that a candidate
is a member of that board for a least one year. As an exception of this paragraph,
every political party may nominate for the first presidential election held after
application of this article a candidate who is a member of his supreme board composed
before 10 May, 2005, in accordance with its standing orders. Applications for candidature
shall be submitted to an independent committee called the "Committee on Presidential
Elections". This committee shall presided by the chief justice of the Supreme Constitutional
Court and comprise the head of the Cairo Court of Appeal, the first deputy chief
justice of the Supreme Constitutional Court, the first deputy chairman of the Court
of Cassation, the first deputy chairman of the State Council and five public figures
known for their impartiality, three of whom selected for five years by the People's
Assembly and two by the Shura Council upon proposal of the Bureau of each council.
The law shall decide who replaces the committee chairman or any of its members in
case of any hindering circumstances. This committee is exclusively competent to:
1. Announcing the opening of candidature, supervising its procedures and announcing
the final list of candidates. 2. Supervising the procedures of proposals and vote
counting. 3. Announcing the result of elections. 4. Adjudicating on all petitions
and challenges and all matters within its competences including cases of disputed
jurisdiction. 5. Drafting rules of procedure to organize its work methodology and
the exercise of its competences. Decisions of the committee shall be made by a majority
of at least seven of its members and shall be final, valid by themselves, unchallengeable
before any tribunal and may not be interpreted or prevented from execution. The
law organizing presidential elections shall define other competences of the committee
as well as the rules for nominating a replacement for a candidate whose post becomes
vacant for any reason other than relinquishment of candidature during the period
between the beginning of candidature and the end of the ballot. Elections shall
be held on one day, and the committee on presidential elections shall set the committees
that supervise the voting and vote counting processes, provided that this is supervised
by general committees composed of members of the judiciary in accordance with the
rules and regulations defined by the committee. Election of the President is announced
when the candidate wins absolute majority of valid votes. In case none of the candidates
wins this absolute majority a second round of elections shall be held after at least
seven days between the two candidates who won the highest number of votes. In case
two candidates win equal valid votes they shall go for the second round in which
the winner shall be the candidate who wins the greater number of votes. Elections
for the post of President of the Republic shall be held even if only one candidate
applied for candidature or in case all other candidates relinquished their candidature
or no one applied to replace a candidate whose candidature become vacant. In such
case the candidate who wins the absolute majority of valid votes shall be the winning
candidate. President of the Republic shall president the bill organizing presidential
elections to the Supreme Constitutional Court after its approval by the People's
Assembly and before a report on its constitutionality is issued. The Supreme Constitutional
Court shall issue its report on this matter within fifteen days of the referral.
In case it decides the constitutionality of a text or more of the bill. President
of the Republic shall return it to the People's Assembly to act accordingly. In
all cases the ruling of the Supreme Constitutional Court shall be binding to all
authorities of the State. It shall be published in the official gazette within three
days of its promulgation.
(Article 2) A new article with the number 192 (repeated)
to be added to the constitution that reads as follows: Article ( 192 Rept ) The
word "election" shall replace the word "referendum" wherever it occurs in the Constitution
with regard to electing the President of the Republic.
(Article 3) The amendments
stated in the abovementioned articles are in effect by the date of announcing the
referendum results
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