IFES Briefing Paper | January 2011

Elections in Tunisia:
Key challenges for credible and
competitive elections

Tunisia: Briefing Paper No. 1

International Foundation for Electoral Systems

1850 K Street, NW | Fifth Floor | Washington, DC 20006 | www.IFES.org

January 25, 2011

Background
 Elections in Tunisia: Key challenges for credible and competitive elections

Despite the challenges it faces in finding a cohesive consensus, the newly appointed Tunisian government has
acknowledged it must address important transitional issues for democratic reform. Politically and constitutionally,
one of its primary tasks will be to prepare for elections to determine the choice of a new president. There have
1
also been calls that parliamentary elections, scheduled for 2014, should be sooner. While there has been a wealth
of analysis in recent weeks on the political and democratic implications of the January events in Tunisia, there has
been little focus on the key issues that may emerge in relation to the conduct of these next elections. This IFES
briefing paper provides a preliminary overview of those issues.

Introduction
Previous elections, including the 2009 presidential and parliamentary elections, were held in a repressive
2
environment and under a legal framework that was “tailor-made” by the then-ruling party to ensure its political
dominance had a veneer of electoral legitimacy, ensuring participation of a number of tolerated ‘opposition’
parties and candidates. Despite the changes brought about by recent events, persons opposed to the previous
regime may question the credibility of any election held under the current flawed framework or run by persons
associated to the previous regime. Unless Tunisian authorities make an effort to show political will for improved
opportunities for credible elections, the elections are likely to fail to meet public expectations and stakeholder
demands of democratic change in Tunisia. Moreover, such circumstances may lead to boycotts and, possibly,
election-related violence.

In their calls for elections to be credible and competitive, the U.S. Government and European institutions have
indicated that the international community’s willingness to support elections. It is unclear, however, the extent to
which Tunisian authorities and stakeholders are willing to accept international engagement in the electoral
process. Several political leaders have called for international observation of the elections.
3
This briefing paper provides a preliminary assessment of the electoral framework in Tunisia and, in particular,
identifies potentially problematic areas. However, IFES recognizes that credible elections can take place in
countries that have flawed electoral frameworks if there is political will and public support for elections to
succeed. The interim government’s announcement of the lifting of restrictions on civil and political rights are
important steps in demonstrating political will to improve the democratic environment in Tunisia; although many
activists are calling for more meaningful changes to be made, including replacement of all links to the previous
regime. With this in mind, the briefing paper also seeks to identify other possible areas where Tunisian authorities
could take steps to improve the electoral framework.

1
Tunisia has a bicameral parliament. Its lower house (the Chamber of Deputies / Majlis Al-Nuwab) is directly elected and has legislative powers.
The upper house (the Chamber of Advisors / Majlis al-Mustasharin) is part-indirectly elected by municipal councilors and part-appointed by the
President. In this briefing paper, the term ‘parliamentary election’ will apply only to elections to the Chamber of Deputies.
2
Human Rights Watch, Tunisia: Elections in an Atmosphere of Repression, October 23, 2009,
http://www.hrw.org/en/news/2009/10/23/tunisia-elections-atmosphere-repression
3
The assessment is based on versions of the Constitution, Electoral Code and other laws that are available in Arabic, English and French on the
official Tunisian 2009 elections website www.elections2009.tn which may not be official versions of the texts. Attempts are being made to
obtain (and, if necessary, translate) official versions of key legal and procedural texts from the Tunisian authorities.

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Election Timetable
In 2009, Tunisian presidential and parliamentary elections were held concurrently on 25 October 2009. Indirect
elections to the Chamber of Advisors took place in August 2008.

(i) Presidential election

Article 57 of the Constitution requires that, in the case of a vacancy in the presidency, presidential elections should
be held within 45 to 60 days of the appointment of an interim president. This means elections should be held by 16
March 2011. However, the new government has indicated it agreed to increase the timeframe to six months (i.e.
by end of June 2011). A delay of this nature allows for the political and security situation to stabilize and for
political groups to prepare their campaigns. In addition, since the bodies responsible for running elections – the
Ministry of Interior and local governors – have been at the forefront of public attacks during the recent events, it is
possible that additional time is needed to increase the technical capacity of the aforementioned bodies to prepare
4
for the elections.

The six-month timeframe envisaged by Tunisian stakeholders would not provide for the “systematic overhaul of
5
the country's electoral laws and practices” that some actors are calling for. Although it is very likely that, in the
medium- to long-term, considerable efforts will be needed to bring the Tunisian framework for elections into line
with international standards.

Once elected, the President will serve a five-year term of office.

Options for delaying presidential elections

It is unclear how Tunisian authorities will establish grounds for an extra-constitutional delay in holding presidential
elections when there is a vacancy in the presidency. Article 57 of the Constitution places a number of restrictions
on the interim president’s powers that appear to prevent him from taking such measures. However, there does
appear to be a possible route under Article 39(2), which provides: “In the event it is impossible to organize
elections on a timely basis, due to war or imminent peril, the President’s term of office may be extended by a law
adopted by the Chamber of Deputies, until such time when elections can be organized.” Thus, it is possible that
presidential elections could be delayed if there is a parliamentary vote to do so. Alternatively, in circumstances
with broad consensus by all parties, an extra-constitutional delay may be considered politically acceptable and
would not be challenged in court.

(ii) Parliamentary elections

Members of the Chamber of Deputies serve a five-year term; the next elections for this Chamber are due by
October 2014. Members of the Chamber of Advisers serve a six-year term. Due to its system of rotational
membership, some members of the Chamber of Advisers would be due for re-election in August 2011, while
others face election in August 2014.

4
The Electoral Code envisages that elections should usually be called no later three months before the end of an elected body’s mandate to
allow for preparations to be made.
5
“Tunisia's future hangs on electoral reform” (Meyer-Resende, O’Grady), The Guardian, January 22, 2009,
http://www.guardian.co.uk/commentisfree/2011/jan/22/tunisia-electoral-reform-elections-democracy

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 Elections in Tunisia: Key challenges for credible and competitive elections

Options for holding early parliamentary elections

A newly elected President has the right (under Articles 57 and 63 of the Constitution) to dissolve the Chamber of
Deputies and call for new elections that must be held with 30 days. It is unclear whether a new President who
wishes to call for early parliamentary elections must do so immediately after being elected or has the discretion to
do so at a later date. Given public anger that the current Chamber of Deputies is dominated by representatives of
the previous regime (the RCD, Democratic Constitutional Rally, holds 161 (75%) of the 214 seats), it is foreseeable
that a new President (who may not be RCD-backed) could call for new parliamentary elections shortly after taking
office to provide an opportunity for a newly elected parliament to be chosen.

While Tunisia is likely to hold two elections in 2011, it appears those presidential and legislative elections would
not take place concurrently. Article 57 of the Constitution specifically excludes the Interim President from
dissolving the lower house, which would be required before parliamentary elections can be called. Therefore,
Tunisia is likely to see presidential elections by June 2011 and parliamentary elections by August 2011. Holding two
separate elections within this timeframe will create additional challenges for the resources of the electoral
administration and the capacity of political parties, media and civil society to participate.

Legal Framework for Elections

6
The right for “universal, free, direct and secret” parliamentary elections is guaranteed by the Constitution. The
7
Electoral Code provides the framework for the conduct of all elections in Tunisia (presidency, Chamber of
Deputies, Chamber of Advisors and municipalities). It is specified by the Constitution as an organic law, and
requires an absolute majority of Deputies to be amended. There are also a number of additional laws and
presidential decrees on election issues tied to voter registration and political parties and how elections are
implemented, respectively.

The Electoral System

(i) Presidential election

Candidates for the President of Tunisia require an absolute majority of the valid votes cast in order to be elected. If
no candidate receives an absolute majority, the two candidates with the highest number of votes take part in a
second round, held two weeks later. There has been no occasion where previous presidential elections have
required a second round.

(ii) Parliamentary elections

The number of seats in the Tunisian Chamber of Deputies is set by presidential decree based on a ‘number of
inhabitants per seat’ formula established in the Electoral Code; 214 seats in 2009. These seats are then allocated
8
among 26 districts based on Tunisia’s 24 governorates, using an ‘inhabitants per seat’ formula ; in 2009, there
were 161 district seats. The number of seats per district ranged from 2 to 11 (see table below). The remaining
seats are allocated to a single ‘national’ constituency; in 2009, there were 53 national seats.

6
Tunisia has ratified the International Covenant for Civil and Political Rights and other international treaties that establish international
obligations on the way in which elections will be conducted.
7
Law 69-25, which was adopted in 1968, published in 1974 and amended in 1988, 2003 and 2009.
8
The governorates of Tunis and Sfax are each split into two electoral districts.

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Seat Allocation

Districts National Distribution

Governorates Seats Governorates Seats Governorates Seats Total National Seats

st
Tunis 1 8 Ben Arous 9 Béja 5 53
nd
Tunis 2 7 Bizerte 8 Kef 4

Ariana 7 Nabeul 11 Siliana 4

Manouba 6 Zaghouan 3 Jendouba 7

Kairouan 9 Kasserine 7 Gabès 5

Sousse 9 Sidi Bouzid 6 Medenine 7

Monastir 8 Gafsa 5 Tataouine 2

Mahdia 6 Tozeur 2 Kebili 2

st nd
Sfax 1 6 Sfax 2 8

Total District Seats: 161

Total Seats: 214

An important factor in the Tunisian electoral system is that, despite there being different ‘district/national’
contests, voters can only vote for their list of candidates for the district contest. All district seats are determined
using the Party Block Vote system. This means whichever list of candidates in a district gets the highest number of
9
votes that list wins all seats for that district. Lists which won no seats in the district seat contest are then eligible
to take part in the allocation of national seats. Using a rather complex formula of seat allocation that mirrors a
proportional representation system, the votes won by each list in a district are aggregated to determine how many
national seats they will receive.

The current system is designed to ensure one party’s electoral dominance. It is likely to be highly unsatisfactory for
any election in a more competitive environment; as one expected in Tunisia now. The Party Block Vote system is
highly disproportional and can mean that parties with significant popular support may not win seats. The PR
National Seats aspect of the election could provide some proportional balance, except that only parties that won
no seats at a district level benefit. Thus, a party that wins 30% of the popular vote, but wins only eight district
seats, would not be eligible to win national seats. This situation makes it likely that there will be opposition
demands for reform of the electoral system before parliamentary elections are held in Tunisia.

The Tunisian electoral system has no mechanism for promoting or guaranteeing the election of women candidates.
However, because of a ‘voluntary quota’ system adopted by the RCD in the 2009 elections, a comparatively high
number of women (27%) were elected to the Chamber of Deputies. However, if the RCD and other parties choose
not to follow a voluntary approach for the next elections, it is possible that there could be a significant reduction in
the number of women elected.

9
This ‘winner takes all’ approach of the Party Block Vote explains why the RCD won all district seats in the 2009 election.

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 Elections in Tunisia: Key challenges for credible and competitive elections

Suffrage
10
All Tunisian citizens over 18 years of age are eligible to vote in Tunisian elections. There are some restrictions on
persons who are not eligible to vote: all members of the military (except, possibly, conscripts), security officials and
police.

One potential area for concern is that the Electoral Code disenfranchises all persons convicted of a crime or who
have served a prison sentence. In light of the number of Tunisian political and civil society activists who have been
imprisoned for opposition to the previous regime, this restriction could be used to prevent a number of high
profile activists who have been imprisoned (including ministers in the current government) from being able to vote
or from standing as candidates in the next elections.

Voter Registration
11
Voter registration in Tunisia is voluntary. The number of registered voters for the 2009 elections was 4,974,707.
12
The population of Tunisia is estimated at 10,586,025, and while this includes a large number of youth, the fact
that only 47% of the population is registered indicates that a significant proportion of the adult population (who
are presumably eligible citizens) are not registered to vote. It is quite possible that there may be a surge in people
wishing to register to vote for these next elections.

Although voluntary, the voter register is also ‘permanent’, in the sense that once a citizen has registered, they
remain registered. Under the Electoral Code, newly eligible citizens may request to be added to the list of
registered voters in their electoral district; registered voters may also ask to move between districts. The elected
heads of municipalities are responsible for compiling and updating voter lists. The revision of voter lists takes place
twice a year (31 December - 28 February and 30 June - 31 August) when the voter list is posted to allow citizens to
check their registration status. Citizens cannot be added to the voter lists outside of these update periods. Persons
excluded from being registered have a short timeframe when they may appeal to a Revision Committee and, from
there, to a Court.

Therefore, Tunisia is currently in the midst of its voter registration update and, given recent events, it is unlikely
that this process has proceeded without interruption. Thus, in the short-term, there is considerable risk that the
current voter register will not be used for elections held prior to its next update period. This will be especially
problematic if previously unregistered citizens now demand the right to vote in elections, and will be further
aggravated if elections take place before there has been a chance for them to register.

In these circumstances, Tunisian authorities may have to consider re-opening the revision period before holding a
presidential election. This is not envisaged within the Electoral Code. As the voter list update process requires at
least eight weeks of activity, it will be important that this decision be taken immediately if elections are envisaged
before June 2011.

Over the long-term, it is likely that Tunisia may need to revise its process for compiling voter lists in order to
maximize opportunities for citizens to register and to minimize responsibilities of elected officials in the process.

10
Women received the right to vote in 1959.
11
Inter-Parliamentary Union data on the 2009 elections. http://www.ipu.org/parline-e/reports/2321_A.htm
12
https://www.cia.gov/library/publications/the-world-factbook/geos/ts.html

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Voter Cards
In order to vote, a registered voter must produce a voter card, which provides confirmation of his/her identity
(although it does not appear to include a photograph, and thus is ineffective in that role). Any registered voters
who turn up to vote without a voter card will be refused the vote, even if they have official national ID documents
that prove their identity.

Voter cards are produced, issued and distributed by the elected head of the municipality in which a voter is
registered at the time of an election. The last issuance of voter cards took place in May 2009, and these were
envisaged to remain valid until May 2014. It is quite possible that some voters may need to be re-issued cards.
Certainly, all voters registered after the 2009 elections must be provided with a new voter card. It is not known
whether there may be logistical challenges in producing and distributing new voter cards to those who need them;
if not, many registered voters could be effectively disenfranchised.

Election Management
(i) Ministry of Interior

The Ministry of Interior and Local Development (MOI) has primary de facto responsibility for the administration of
elections, although the Electoral Code is almost silent on its role and the extent of its duties and powers. In
practice, the detail regarding the Ministry’s role has been defined by presidential decrees. Other ministries,
including those of Justice, Foreign Affairs and Finance, have also been given electoral responsibilities.

Reports relating to the 2004 and 2009 elections indicate that election management by the MOI was technically
competent. During recent events, demonstrators expressed strong anger at the role played by the MOI under the
previous regime. Efforts will certainly be needed for the incumbent Minister and senior officials to build public
13
confidence that the MOI can conduct elections in an impartial manner that is free from political interference. It is
not known the extent to which the MOI has the institutional capacity to run elections in 2011, or if that capacity
has been affected by recent events.

(ii) Local authorities

The Electoral Code delegates any electoral duties – ranging from choosing polling staff to tallying district results –
to governors. All current governors were appointed by President Ben Ali and there may be public concern as to
whether they will perform these duties impartially. The elected heads of municipal councils are responsible for a
number of relevant tasks related to voter registration. RCD has been equally as dominant in local and national
elections. Again, there may be questions related to whether they will perform their task impartially.

(iii) The Constitutional Council

The nine-member Constitutional Council has responsibility for adjudicating on all issues relating to the results of
presidential and parliamentary elections. It also plays the role of receiving and reviewing presidential nominations.
Four of its members were appointed by the President and two by the Speaker of Parliament; the remainder are
senior judges. In 2009, the Constitutional Council took a series of decisions on candidacy requirements that
prevented several opposition presidential candidates and parliamentary lists from participating.

13
A possible model for the role that can be played by a Ministry of Interior in building confidence in its election management role can be seen
in recent elections in both Jordan and Lebanon, where considerable efforts were made to create an inclusive approach towards electoral
stakeholders, introduce transparency in the development of procedures and provide for professional training of polling staff.

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 Elections in Tunisia: Key challenges for credible and competitive elections

(iv) The National Observatory

The National Observatory for Presidential and Parliamentary Elections was established by presidential decree in
2004 ostensibly to undertake a quasi-independent monitoring of that year’s election process; the Observatory also
monitored activities during the 2009 elections. Its 27 members, all appointed by President Ben Ali, have held high
14
official positions in various sectors, including judiciary, academia and politics. It is unclear whether the National
Observatory is a permanent body that will have responsibilities during the next elections.

The role of the National Observatory is “to monitor and observe the progress of each and every stage of the
elections in an independent, impartial and objective manner, and through personalities that represent none of the
parties to the electoral contest.” Independent and human rights activists have complained that the real purpose of
the observatory is to co-opt foreign observers to reduce pressure on the government to allow independent groups
15
to monitor both the elections and their preparation. The report of the National Observatory for the 2009
elections does acknowledge that some minor irregularities did occur but, overall, the Observatory described the
elections as having taken place “in a climate marked by the rule of law and good organization; which reflects the
16
evolution of the electoral process and the development of the notion of political plurality in our country.”
Interestingly, the National Observatory appears to have made a number of recommendations in its report,
including the training of civil servants and polling officials for their roles.

(v) Options for management of the 2011 elections

Public anger at the previous role of the MOI may lead to calls for the establishment of an independent body to
take over responsibility for running elections to ensure impartiality and non-interference by political groups. The
likely timeframe for presidential elections to be held would create huge challenges to the feasibility of achieving
this. Nevertheless, there remain options for taking steps to institutionalize a more transparent and impartial role
by the MOI or, through presidential decree, assigning management responsibilities to other state bodies.

Candidate Eligibility and Registration

(i) Presidential candidates

Presidential candidates must be registered voters aged between 40 and 75 years who also meet other criteria
related to Tunisian citizenship, Tunisian parentage and grand-parentage and religion (he/she must be a Muslim).
Candidacies are submitted to the Constitutional Council no later than one month before Election Day. Candidates
must submit documents proving eligibility, including documents that prove “parents and grand-fathers have all
maintained their Tunisian citizenship without discontinuity” (Constitution Article 40, EC Article 66). Under the
current Constitution, presidents are restricted to serving two consecutive mandates. The Constitution also forbids
the current Interim President from standing for election.

The issue of registration for presidential candidates is potentially problematic. Regardless of their popular support,
candidates can stand for election if they have support of 30 members of the Chamber of Deputies or elected
municipal heads. Given the dominance of the ruling party in parliament (there are only 53 non-RCD Deputies, and

14
The list of the members in 2009 is here: http://www.observatoire-
elections2009.org.tn/en/index.php?option=com_content&task=view&id=15&Itemid=30
15
Carnegie Middle East Center. Available at: http://carnegie-mec.org/publications/?fa=41926&lang=en
16
Comments by the Chairman of the National Observatory (http://www.observatoire-
elections2009.org.tn/en/index.php?option=com_content&task=view&id=12&Itemid=27). IFES has located a summary of the report at
http://www.thefreelibrary.com/Report+of+National+Presidential+and+Legislative+Elections+Observatory.-a0218286493. The irregularities
included the absence of opposition candidate representatives in polling stations.

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no opposition party has 30) and in local office, it must be questioned whether candidates from opposition
backgrounds will be able to garner sufficient support from incumbents. Candidates may also run if they have been
17
a leader of a recognized political party for at least two years. The decision on the eligibility of a candidate is taken
by the Constitutional Council, from which there is no appeal.

(ii) Parliamentary candidates

Parliamentary elections are contested by lists of candidates formed for each district. Lists can be formed by
political parties or by non-affiliated groups. To be on a list, parliamentary candidates must be registered voters of
at least 23 years of age, with Tunisian citizenship and Tunisian parentage. There are a number of official positions
(e.g. governors and magistrates) incompatible with running for parliamentary office. Lists detailing the proposed
candidates are submitted to governors 35 to 28 days before Election Day. All party lists that are approved for
election are announced 20 days before Election Day. It is unclear whether it is the governor or the Ministry of
Interior who determines whether or not a list or a candidate can be registered. It does appear that such a refusal
can be challenged and taken to the Constitutional Council within two days. In 2009, the Constitutional Council
rejected the list of at least one major opposition party.

Campaigning Regulations
The Election Code establishes an official two-week campaign period for presidential and parliamentary elections.
In comparative terms, this is a very short campaign period, and there could be doubts that it facilitates the
effective conduct of a national campaign (e.g. presidential candidates would have just 14 days to travel between
24 governorates). It is unclear what measures could be taken against parties/candidates that campaign before this
period starts.

In addition, there are a number of potential concerns stemming from legal restrictions on the freedom of parties
and candidates to campaign. The governor must be given 24-hours notice of all public electoral meetings. All
meetings are supervised by a three-person bureau, responsible for ensuring ‘public order and accepted standards’,
and can be attended by a state official who has the power to suspend the meeting. Candidates are strictly limited
to displaying posters in specific areas and can only do so by submitting requests to state authorities for permission
to place posters in specific districts. There are also restrictions on the size, format and colors that candidates can
use for their posters.

Commitments to lift restrictions on political parties and media and the social change in attitudes towards the role
of authorities are likely to have a considerable impact on the approach to campaigning in Tunisia. There will be
high public and political expectations that campaigning will be free and unhindered. To this extent, and to ensure a
stable, peaceful electoral environment, consideration may need to be given to developing a code of conduct by
which parties and candidates approach their campaign.

Funding of campaigns
All presidential candidates and parliamentary candidates are entitled to a level of public funding to cover costs
related to their campaign based on a formula of an amount of funding per number of voters. Presidential
candidates in 2009 were entitled to a sum of 25 dinars for every 1,000 voters (i.e. $78,000). In 2009, each
parliamentary list of candidates was entitled to receive 45 dinars for every 1,000 voters in their district.

17
This provision was introduced through a constitutional amendment of 2008. Human Rights Watch reports that in the 2009 elections at least
two candidacies were blocked by this amendment. See Tunisia: Elections in an Atmosphere of Repression above.

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 Elections in Tunisia: Key challenges for credible and competitive elections

The Electoral Code forbids candidates “from accepting any foreign financial assistance, direct or indirect,
18
regardless of its quality or nature.” Candidates who are found to have violated this provision can be fined or
imprisoned, as well as being prevented from running or, if elected, stripped of office.

Media Campaigning
The Electoral Code gives presidential and parliamentary candidates the right to access state television and radio to
broadcast campaign advertisements. It is unclear whether this is a free service. There appears to be no similar right
for all candidates to have access to print media. During the 2009 elections, excessive media coverage was reported
to have been provided for President Ben Ali in his official capacity rather than as a candidate; a similar problem
may emerge if ministerial incumbents run as candidates for the next election.

Recent announcements by the new government to guarantee “total press freedom,” coupled with potential
opportunities for new, private and internet media are likely to have a dramatic impact for the role of the media in
Tunisia after decades of restrictions, censorship and enforced propaganda. The 2011 elections will potentially be
the first opportunity for the media to report freely on an electoral process, but there will be little experience
among journalists or media chiefs for this new critical role. Similarly, despite the recent abolition of the Ministry of
Information, it will be highly important for the authorities to ensure they exercise impartiality towards the media
while also playing a potentially regulatory role to ensure fair media coverage.

One area that may prove problematic is the Electoral Code’s restriction on “private or foreign radio station or TV
channel” from endorsing candidates or for running candidates’ campaigning material (Article 65.c). Violators face a
fine of around US$18,000, although it is unclear whether it would be the candidate or the outlet that would be
liable.

Voter Education
There were efforts by Tunisian authorities to ensure some levels of transparency in 2009 elections, including
19
setting up a website for the MOI as well providing information through the National Observatory. The efforts
were helpful but also reflect the propagandistic nature of state bodies under Ben Ali. It is not known what other
forms of voter education were provided during the 2009 election. It is notable that the National Observatory has
highlighted that voters need more information about registration and polling procedures. It is not known what role
civil society has played in voter and civic education during previous elections in Tunisia.

Observation of Elections
(i) Political party observers

All political parties and candidates have the right to have representatives present in polling stations during voting
and counting. During the 2009 elections, there were efforts to combine training and deployment of agents by
20
opposition parties to around 400 polling stations.

18
Article 62.a. In other language versions of the Electoral Code, this provision is potentially more restrictive, proscribing material assistance
(”madiya” in Arabic and “assistance matérielle” in French). The 1988 Law on Political Parties (Law 88-32) applies restrictions to parties outside
of the electoral period: “A political party may not receive any direct or indirect material aid from abroad or from foreigners settled in Tunisia on
any account or in any from whatsoever” (Article 16).
19
See: http://www.elections2009.tn; English website here: http://www.elections2009.tn/en/index.php
20
See http://www.ndi.org/Tunisian_Political_Parties_Unite_to_Observe_Voting

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(ii) Tunisian non-partisan observers

There are no provisions in the Electoral Code to allow for observation by domestic civil society groups. Civil society
in Tunisia faced serious obstacles in its freedom of association and coverage of political issues. Human rights
organizations, however, have established a level of credible monitoring capacity and are likely to be active in
leading the calls for the right to monitor elections.

(iii) International observation

Political leaders in Tunisia indicated that they wish for international observation of the next elections. However,
there are no provisions in the Electoral Code to allow for observation by delegations of observers from
international organizations or international civil society groups. In 2009, observers from the African Union did
21
participate as observers, indicating that there may be precedent and opportunity for international observation to
take place, presumably through establishment of ad hoc procedures. It will be important that if procedures are set
up, they apply equally to local groups as well as international observers and allow for access throughout the
electoral process and are not just limited to access on Election Day. As numerous international bodies have already
expressed interest in observing the next elections, it is possible that the Tunisian authorities may require support
to assist in the coordination and facilitation of observer groups.

Out of Country Voting

The Electoral Code allows Tunisian citizens living outside Tunisia to participate in presidential elections. The
citizens must register as voters at embassies and consulates of the countries where they are a resident. In 2009, 76
polling locations were provided for expatriate voters in 58 countries. Polling takes place eight days before in-
country voting.

It is not known to what extent there has been participation by expatriate citizens in previous elections, but it is
quite possible that recent events may encourage Tunisian living overseas to seek to take part in the next elections.
This may require additional efforts by the Tunisian diplomatic authorities in terms of registering expatriate citizens
and organizing polling.

Polling Procedures
The provincial governors are responsible for ensuring arrangements for the location of a polling station and the
appointment of three officials for every polling station. Polling takes place from 0800 to 1800 hours.

Political parties and candidates are entitled to have designated agents and representatives in every polling station.
These agents have the right to submit formal written observations on the polling process. There appears to be a
basis for party agents to bring matters to the attention of polling staff during the course of polling, but the decision
of the polling station head is final.

Voting takes place using a ‘ballot and envelope’ method: To cast a ballot, voters must choose a ballot paper for the
candidate of their choice from amongst different ballot papers produced by each candidate. Ballot papers are
made available on a table inside the polling station. Inside a polling booth, the voter places their choice of ballot
22
paper into an official envelope. This method, while used in several countries, does create the possibility of the

21
The AU observer delegation made the following conclusions “The electoral campaign took place in calm and serenity. The voting process took
place in freedom and regularity.” See http://www.elections2009.tn/en/index.php?option=com_content&task=view&id=152&Itemid=1
22
This is similar to the method used in France and in several other Francophone countries.

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violation of the right to a secret ballot, especially if the voter is required to make their choice of ballot in public
view. Steps will need to be taken to ensure the right to vote in secret is respected for all voters.

There are few safeguards in the Electoral Code to protect against voter fraud. The absence of any photo ID means
that it may be very easy for voter impersonation to take place. There are also no measures, such as the application
23
of indelible ink on a voter’s fingers, to protect against multiple voting.

Counting and Tallying

Counting of ballots takes place in polling stations and in view of candidate agents. Voters can also be present. The
results of polling stations are transferred to and tallied by several intermediary ‘vote gathering bureaus’ and then
on to the district’s ‘vote centralizing bureau.’ The provincial governor appoints all tallying staff. It is not clear
whether candidate agents have the right to be present in the bureaus during the tallying process.

The Ministry of Interior has responsibility for the central tallying of presidential election results, and the Electoral
Code requires that the result be published by midday on the day following the election. The Constitutional Council
is responsible for announcing the official results of the election.

Tallying of parliamentary election results in every district is undertaken by a committee composed of the provincial
governor, a judge and Ministry of Interior representatives. The official results of the parliamentary election are
announced by the Minister of Interior. There appears to be no specified deadline for the announcement of results.

Election Disputes
(i) Presidential elections

Defeated presidential candidates have two days from the publication of results to submit a challenge to “the
legality of the election operations” to the Constitutional Council. The Constitutional Council must rule on the
challenge within two days of its submission.

(ii) Parliamentary elections

The Constitutional Council has the authority to rule on challenges to the registration of parliamentary candidates.
Losing candidates in parliamentary elections also have the right to submit a challenge to the results within three
days of their publication. The Constitutional Council must rule on the challenge within five days of its submission.

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The use of indelible ink is now a common deterrent feature in countries where there is a high risk of voter fraud.

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IFES

Conclusion
Tunisia’s ongoing and rapid political change is likely to culminate in coming days on an agreement on the
timeframe for presidential and parliamentary elections. Assuming that political will for change remains in
place, these elections will take place in a very different political climate to any other elections held in the
North Africa region. Domestic and international actors expressed their expectations that the next elections
will be both improved and credible. Achieving this will present significant challenges, partly because of the
short timeframe and political uncertainty but also because of the flawed electoral framework and questions of
the capacity and integrity of those responsible for running the elections. A failure to meet expectations may
lead to the risk of political boycotts of the election and possible election-related violence.

Nevertheless, there are short-term and longer-term measures that can be taken by Tunisian authorities that
may succeed in building public confidence in the integrity of the electoral process. Primarily, they will need to
address measures that can demonstrate that the bodies responsible for conducting the elections can do so in
an impartial manner which guarantees against political interference. As a matter of urgency, a decision will
need to be taken on whether there needs to be an extension of the current voter registration update process
to ensure all eligible citizens have the opportunity to take part in the next elections. Consideration will need to
be given on the feasibility of changing the parliamentary electoral system before a new parliament is elected.
Legal provisions will also be needed to allow for election observation and fairer campaign opportunities.

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