A bill amending the 2019 organic law governing elections is proposing new changes meant for an improvement in the way elections are conducted, according to the government.
In an explanatory note of the bill which is in Parliament for consideration and adoption, the government said the development follows the revision of the Constitution of the Republic of Rwanda that provides, among other conditions, that the legislative elections (for members of the Lower House) be held at the same time as presidential elections.
The Constitution was published in the Official Gazette of August 4, 2023.
The new bill is intended to support the government decision to conduct elections in accordance with the Constitutional provisions.
It contains some articles that were amended, and new provisions introduced to accommodate new ideas to that end.
1. Extending the period for candidacy submission
One of the amendments proposed by the new bill concerns the period within which a person who wants to vie for the presidency or a parliamentary seat must have deposited their candidacy for consideration by the commission in charge of elections.
While the existing law provides that candidacies are submitted at least 35 days before the polling date, the bill seeks to increase the period to 45 days because of the various activities related to the examination of the big number candidacies for presidency and parliamentary membership - given that the two elections were combined.
2. Determining when election of senators is held
Given that the Constitution makes no provision regarding the polling date for elected senators to facilitate the task for the electoral commission and other institutions involved to set a date for these elections, a new article was introduced specifying the polling date.
It stipulates that elections for Senators are held at least 30 days and not more than 60 days before the end of the term of the elected Senators in office.
3. Signs of mental illness removed from voter registration disqualification
Among practices that lead to temporary disqualification from registering on the voters' register which are described by the current law, is having or showing signs of mental illness or disrupting the tranquillity of the population.
Given that the agent responsible for registration on the voters' register cannot undoubtedly confirm that a person is suffering from a mental illness, and to avoid all forms of discrimination and violence, "having or showing signs of mental illness" was removed.
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But the element on "disrupting the tranquillity of the population of the population at the place of registration on voters' register" was maintained.
Also, a new provision was added, proposing that the practice of disturbing the tranquillity of the population in question must be recorded in a statement.
4. Time for lodging election-related complaints
Regarding filing a complaint related to the submission of candidacy or to Presidential and legislative elections, the idea of lodging a complaint within "working hours" was removed from the expected hours within which a complaint is supposed to be filed.
This was done to harmonise with provisions of the 2018 law determining the jurisdiction of courts. The latter provides, among others, that the petition is submitted within 48 hours from the time the list of candidates or provisional election results are published, and it is not subject to a court fee.
