Palestinian National Authority

Palestinian Elections Law

Part V: Electoral Process

Chapter 1: Nomination of candidates [to the presidency]

Art. 38: Registration [nomination] of candidates for the position of President

Nominated candidates for the position of President shall be registered as such before the Central Election Commission.
The registration of candidates shall start on the date fixed by the presidential decree calling the elections and shall last for 9 days. No candidature shall be accepted after the end of this term.
Every candidate for the position of President shall pay the Ministry of Finance a deposit of 3,000 US$ as a guarantee; this deposit shall be refunded if the candidate is elected.
No partisan entity may present more than one candidate to the position of President.
Every candidature shall be submitted to the Central Election Commission on the official nomination forms, the following information being required:
1. The full name of the candidate, his or her age, address, electoral registration number, and signature.
2. In the case of a candidature submitted by a partisan entity, in addition to the provision of paragraph (a), the supporting entity shall also provide a copy of the certificate of its registration before the Central Election Commission, and the signature of the entity's representative.
The Central Election Commission shall register the nominated candidatures and shall provide them with a certificate of registration stating the date, time and serial number of the registration.
The Central Election Commission shall accept and register any candidature that fulfils all the requirements established by this Law.
No candidature shall be registered if it does not fully meet all the requirements stated in this Law. In the case of rejection, the Central Election Commission must specifically and in a written form state the reasons for the exclusion.
Any candidature shall be considered accepted if the Central Election Commission does not formally communicate its rejection within 5 days from the submission of the request.

Art. 39: Claims

Any candidate whose nomination has been refused by the Central Election Commission, and any person who has objected to the registration of any of the candidates and whose objection has been refused by the Central Election Commission, may file an appeal against this decision before the Election Appeals Court within 3 days from the notification of the Central Election Commission's decision. The Election Appeals Court shall issue its decision within 3 days from the date of the filing of the appeal.
The Election Appeals Court's decisions shall be notified to the Central Election Commission for implementation.

Art. 40: Publication of the lists of candidates

The Central Election Commission shall publish the final list of nominated candidates for the position of President at least 22 days before the polling day, which list shall include the full names of each candidate, and the name of the party or coalition to which the candidate belongs, or the adjective "independent" when the candidate runs as such.
The final list of nominated candidates shall be published in the local press.

Art. 41: Representatives of the candidates

Every partisan entity registered before the Central Election Commission and every independent candidate to the position of President may submit to the Central Election Commission a list containing the names of the representatives of the entity or candidate before the Central Election Commission itself and the Polling Station Commissions.
Candidates' representatives may represent the candidates before the Election Appeals Court, the District Election Commissions, and the Polling Station Commissions, on any matter pertaining to the election.
The Central Election Commission shall communicate the names of such representatives to the Polling Station Commissions.

Art. 42: Agents of the candidates

Every partisan entity and every independent candidate may appoint agents to observe the different phases of the electoral process, mainly the vote and the counting of votes.
The names of such agents shall be submitted to the relevant District Election Commissions at least 7 days before polling day; each District Election Commission shall issue accreditation certificates for each one of these agents.

Chapter 2: Nomination of Candidates for the Membership of the Council and their registration

Art. 43: Registration [nomination] of candidates for the membership of the Council

Nominated candidates for the membership of the Council must be registered as such before the District Election Commission.
The registration of candidates to the membership of the Council shall start on the date fixed by the presidential decree calling the elections and shall last for 9 days. No candidature shall be accepted after the end of this term.
Every candidate to the membership of the Council shall pay the Ministry of Finance a deposit of 1,000 US$ as a guarantee; this deposit shall be refunded if the candidate is elected.
No partisan entity may present more than one list of candidates per constituency.
No partisan entity may present for nomination in any constituency a number of candidates exceeding the number of seats allocated to that constituency according to the Annex to this Law.
Every nomination of a candidate shall be submitted to the relevant District Election Commission on the official nomination forms, the following information being required:
1. The full name of the candidate, his or her age, religion, address within the constituency from which he or she is running for election, the name of the constituency, the electoral registration number, his or her signature, and the name and address of the official representative of the candidate.
2. In the case of candidatures submitted by partisan entities, in addition to the provisions of paragraph (a), the supporting entity shall also provide a copy of the certificate of its registration before the Central Election Commission, and the signature of the entity's representative.
The District Election Commission shall register the nominated candidatures and shall provide them with a certificate of registration stating the date, time and serial number of the registration.
The District Election Commission shall send every request for nomination [to the Central Election Commission, for it] to decide upon them.

Art. 44: Claims

Any candidate whose nomination has been refused by the Central Election Commission, and any person who has objected the registration of any of the candidates and whose objection has been refused by the Central Election Commission, may file an appeal against this decision before the Election Appeals Court within 3 days from the notification of the Central Election Commission's decision. The Election Appeals Court shall issue its decision within 3 days from the date of the filing of the appeal.
The Election Appeals Court's decisions shall be notified to the Central Election Commission for implementation.

Art. 45: Publication of the lists of candidates

Each District Election Commission shall publish the final list of nominated candidates to the membership of the Council at least 22 days before the polling day, which list shall include the name of the constituency, the full name of each candidate, and the name of the party or coalition to which the candidate belongs, or the adjective "independent" when the candidate runs as such.
A copy of the final list of nominated candidates shall be sent to the Central Election Commission.
The final lists of nominated candidates shall be published in the local press.

Art. 46: Representatives of the candidates

Every partisan entity registered before the Central Election Commission and every independent candidate may submit to the Central Election Commission a list containing the names of the representatives of the entity or the candidate in the relevant electoral constituency or before the Central Election Commission itself. The Central Election Commission shall give each representative an accreditation stating his or her name.
Candidates' representatives shall represent the candidates before the Election Appeals Court, the Central Election Commission, the District Election Commissions, and the Polling Station Commissions, on any matter pertaining to the election.
The Central Election Commission shall communicate the names of such representatives to the District Election Commissions and to the Polling Station Commissions.

Art. 47: Agents of the candidates

Every partisan entity and every independent candidate may appoint agents to observe the different phases of the electoral process, mainly the vote and the counting of votes. Agents are required to be accredited by the Central Election Commission at least 7 days before polling day.
The names of such agents shall be submitted to the relevant District Election Commission, which shall issue accreditation certificates for each of them.

Chapter 3: Partisan Entities

Art. 48: Registration of partisan entities

Any partisan entity seeking to participate in the elections must register as such before the Minister of Interior.
Partisan entities registered before the Minister of Interior may submit their nominations to the Central Election Commission and participate in the elections under their names, and the logos and symbols of their choice.
The Central Election Commission shall keep a special registry to record the names of all the registered partisan entities.

Art. 49: Requirements for the registration of partisan entities

To be registered as such, partisan entities must submit a written application containing the following:
1. The name of the entity and the logo or symbol which are to appear on the ballot papers.
2. The names of its President or Secretary General.
3. The names of its representatives before the Central Election Commission, before the District Election Commissions and before the Polling Station Commissions, whose accreditation is requested from the relevant Commission.
4. The address of its main seat.
The application for registration shall include:
1. A copy of the entity's statutes signed by its President or Secretary General.
2. A written statement, signed by the entity's representative, affirming that the entity does not advocate racism.
Applications for registration shall be submitted to the Central Election Commission from the entry into force of this Law untill 6 days before the end of the period for nomination of candidates fixed by the Presidential Decree calling the elections, according to Article 38.2 of this Law. No request for registration shall be admitted after the end of this term.

Art. 50: Refusal of registration

No partisan entity shall be registered if:

Its request for registration does not fulfil all of the requirements established in Article 49 above.
The Commission believes that the data or information submitted is untruthful.
The application is submitted after the deadline.
The name, symbol or logo stated in the application correspond to those of any other partisan entity already registered, or to those of a partisan entity commonly and widely known in the territory [under that name, symbol or logo], whether registered or not.
It requests registration under a name, symbol or logo suggesting that it is part of the Palestinian National Authority.

Art. 51: Specifying the reasons for the refusal

In the case of refusal of registration, the Ministry of Interior shall specify and explain the reasons for the rejection.
The Ministry of Interior may reject any application for registration only on the grounds of the lack of fulfilment of any of the requirements established in Article 49, or under the provisions of Article 50 above.

Art. 52: The decision

The Ministry of Interior shall release its decision, whether admitting or rejecting the registration, within 3 days from the submission of the application.
The request for registration shall be considered admitted, unless the Central Election Commission formally rejects it within 5 days from the submission of the application by means of a official certificate.

Art. 53: Appeals against the rejection of registration

Any party or coalition whose application for registration has been rejected by the Central Election Commission may file an appeal against this decision [before the Election Appeals Court] within 3 days from its notification.
The appeal shall be lodged with the Election Appeals Court either directly or through the National Election Office.
The Court shall adjudicate any appeal within 7 days from its filing.
If the Court approves the registration, it shall notify its decision to the Central Election Commission for implementation.
Appeals filed under the provisions of this Article shall be exempt from the payment of any taxes.

Chapter 4: Electoral Campaign

Art. 54: The electoral campaign

[For the purpose of this Law] the electoral campaign consists of any legal activity carried out by candidates or registered partisan entities, in order to present their programmes to the electorate.
The Palestinian Authority and all of its administrative or security bodies shall remain neutral throughout the different phases of the electoral process, and shall refrain from conducting any kind of activity which may benefit any candidate against others, or any partisan entity against others.
Notwithstanding the provisions of the above paragraphs, the Palestinian Authority and the Central Election Commission may publish educational material in order to explain the importance of the elections and to encourage citizens to register as electors and to participate in the elections.

Art. 55: Campaign period

The electoral campaign shall start 22 days before the polling day and shall finish 24 hours before that day.
No electoral campaign activity may be conducted either on the day before the poll or on the polling day.

Art. 56: Coordination of the electoral campaign

To assist coordination of the electoral propaganda activities of candidates and registered partisan entities, the District Election Offices shall assemble a list of all available venues and facilities [in their constituency] for the holding of such activities, as well as for the display of electoral posters.
District Election Offices shall send these lists to Central Election Commission for their approval. [The Central Election Commission, on its part] shall send such lists to District Election Offices, through the National Election Office.

Art. 57: Electoral propaganda in the media

The National Election Office shall agree with the official Palestinian information media a special programme of times and spaces to be offered, free of charge, to candidates and partisan entities for their electoral propaganda.
In preparing this program, the National Election Office shall give equal and fair opportunities to all the candidates and partisan entities, taking into account the number of candidates nominated by each partisan entity in the various constituencies. In the case of candidates for the position of President, the treatment shall be equal.
Any claim referring to the above mentioned program shall be submitted to the Central Election Commission, which shall adjudicate as soon as possible.

Art. 58: Electoral campaign restrictions

It is forbidden to hold any kind of electoral propaganda activity in mosques or churches, or in buildings or facilities used by government departments or bodies.
It is forbidden to put posters or any other kind of electoral propaganda material in public places not specified by the District Election Commissions.
The use of the Palestinian National Authority badge in publications, advertisements, or in any other type of electoral propaganda, written or photographic, is forbidden.
Any type of electoral propaganda, either oral, written or photographic, containing offensive material or insults addressed to other candidates, or incitements to tribal, family, or religious confrontations among citizens, is forbidden.

Art. 59: Security of the electoral campaign

The Palestinian security forces shall be responsible for the keeping of law and order and the security of the citizens in all of the phases of the electoral process.
No person, except for the security forces, shall carry any type of arm the possession of which is punishable by law, or let off fire-arms during rallies and other electoral activities.
Security forces shall coordinate their action with the Presidents of the District Election Commissions and with the Presidents of the Polling Station Commissions, in order to keep law and order during the holding of electoral activities, and particularly during the operations of voting and counting of votes.
Palestinian security forces shall adopt all necessary measures to ensure the enforcement of this Law and to prevent any infringement of it, according to the provisions of Article 75 below.

Chapter 5: Protocols, Ballot Papers and Other Electoral Material

Art. 60: Ballot papers

There shall be two kinds of ballot papers: those for the election of the President, which shall be of a red colour; and those for the election of members of the Palestinian Council, which shall be of a white colour.
Ballot papers shall contain the full name of each candidate, and beside it the name, symbol or logo of the partisan entity to which he or she belongs, and in the case of independent candidates, the adjective "independent".
Ballot papers shall contain a marking box adjacent to the name of each candidate, for the elector to mark with an "X" the box corresponding to the candidate [or candidates] of his or her choice.
Ballot papers for the election of the President shall contain the names of all the candidates nominated for this position from the Gaza Strip and the West Bank, including Jerusalem, which shall form a sole constituency for this purpose. Ballot papers for the election of members of the Council shall contain in every constituency the names of all the candidates nominated in that constituency.
The names of the candidates to the position of President shall be listed in the ballot papers according to the order in which they have been registered by the Central Election Commission. The names of the candidates to the membership of the Council shall be listed in the ballot papers, in each constituency, also according to the order in which they have been registered by the District Election Commissions.
Ballot papers for the election of the President shall be of the same colour, form and size in all the electoral centres, and the ballot papers for the election of the members of the Council shall also be of the same colour, form and size, but in such a way that they can be distinguished from those for the election of the President.
Ballot papers for the election of the members of the Council shall contain the name of the relevant constituency.

Art. 61: Envelopes

There shall be special envelopes into which the elector shall insert the ballot papers, both for the election of the President and for the election of the members of the Council.
Envelopes for the election of the President shall be of a red colour, and those for the election of the Council shall be of a white colour.
Envelopes for the election of the members of the Council shall carry the name of the relevant constituency.

Art. 62: Distribution of ballot papers and envelopes

At least 24 hours before the commencement of the election, each District Election Commission shall send to each one of the Polling Station Commissions a number of ballot papers and envelopes which shall be 25 % superior to the number of electors registered in the relevant polling district.
The delivery shall be certified by a receipt which shall state the fact of receipt, the number of ballot papers and envelopes delivered, and shall be signed by the members of the Polling Station Commission.

Art. 63: Ballot boxes

Each Polling Station shall have two ballot boxes, one for the election of the President, and another one for the election of the members of the Council.
Ballot boxes for the election of the President shall be different from those for the election of the Council, and [both boxes] shall be made according to the specifications issued by the Central Election Commission.

Art. 64: Places to vote in the polling stations [polling booths]

In order to facilitate the secrecy of vote, each Polling Station shall have a number of places separated with curtains [polling booths] to vote inside them.
The Central Election Commission shall establish the characteristics of these places, so they will be the same in all the polling stations.
The Central Election Commission shall establish the number of these places in each polling station, taking into account the number of electors registered in that area.

Art. 65: Register of electors

Each Polling Station Commission shall have four copies of the final register of electors for their area.
One of these copies is to be displayed in a visible place of the polling station, and the other three copies are to be used by the members of the Polling Station Commission to control the vote.

Art. 66: Protocols

The Central Election Commission shall establish the type of protocols that the District Election Commissions and the Polling Station Commissions shall use.
These protocols shall state in a detailed and accurate manner all the aspects of the electoral operations in their different phases, and shall be signed by the persons stipulated.

Art. 67: Stamps

The Central Election Commission shall decide on the form and type of the stamps to be used by the different Commissions all along the electoral process.
The above mentioned stamps shall be made in a manner that is difficult to falsify, and they shall be kept in adequate places by the relevant commissions.

Chapter 6: The Poll

Art. 68: The Polling Station Commission

The Polling Station Commission established in Article 29 of this Law shall control the vote.
On the day of the poll the members of the Polling Station Commission shall meet in the polling station at 6 hours a.m.
If the President or any of the members of the Commission fails to attend, the relevant District Election Commission shall provide a substitute member; and if all of the members of the Commission fails to attend, the relevant District Election Commission shall then appoint a new Polling Station Commission with substitute members.
The Polling Station Commission shall immediately report to the District Election Commission any incident related to its formation.
In the case of delay in the commencement of the vote due to the absence of any or all of the Polling Station Commission members, the vote shall be prolonged for a period of time equal to that of the delay. The vote may be commenced by the rest of the Polling Station Commission members, provided that at least three of them are present, untill the fourth member is provided.
In the case of it being impossible to form a Polling Station Commission, the vote shall be postponed untill the following day.

Art. 69: Presence of candidates' agents

The Polling Station Commission shall admit the presence of agents of the candidates in specific places within the polling station, and shall state their names in the protocols, allow them to observe the vote, register their claims and objections, and adopt decisions to this respect.
[The Polling Station Commission] shall not accept in the Station more than one agent per candidate, and in the case of candidatures of partisan entities, more than one agent per list of candidates.

Art. 70: Vote protocol

Before the commencement of the vote, the Polling Station Commission shall draw up a protocol stating the names and positions of the members of the Commission and of the accredited agents present [at the poll].
The mentioned protocol shall be stamped with the polling station stamp and signed by the members of the Polling Station Commission and by the agents present.

Art. 71: Sealing the ballot boxes

Before opening the vote, the President of the Polling Station Commission shall open the ballot boxes in front of the members of the Commission and of the agents present in order to make sure that they are empty and there are not any ballot papers inside.
Once checked, the President of the Polling Station Commission shall close the ballot boxes and seal them with red wax, and they shall not be opened again until the commencement of the count.

Art. 72: The poll

The poll shall commence at 7 hours a.m. and shall be closed at 19 hours p.m.
The voting procedure shall be the following:
1. The President of the Polling Station Commission or the member of the Commission appointed by him or her shall examine the identity of the elector and check whether his or her name is entered in the electoral register.
2. The President of the Polling Station Commission or the member of the Commission appointed by him or her shall cross through the name of the elector in the electoral register.
3. The President of the Polling Station Commission or the member of the Commission appointed by him or her shall stamp and hand the voter two ballot papers and two ballot envelopes, and keep his or her identity card.
4. The elector must then proceed to one of the separate polling places [booths] and mark each ballot paper in the desired boxes, and then put each ballot paper into the respective envelope.
5. The elector shall introduce each envelope into the corresponding ballot box, under the observation of the members of the Polling Station Commission, the agents and the observers.
6. The President of the Polling Station Commission or the member or the Commission appointed by him or her shall then return the identification card to the voter.
7. Having voted, the voter shall immediately leave the polling station.
8. There shall be no more electors than the double of the number of polling places [booths] at any one time in the polling station.

Art. 73: Electors' identification

The elector may be identified by means of the electoral registration card established in Article 16 of this Law, the identity card, or any other document admitted for this purpose by the Polling Station Commission, upon condition that he or she is entered in the electoral register.

Art. 74: Ballot paper marking

The voter must mark with an "X" the box beside the name of the candidate of his or her choice. The voter shall not either mark more than one candidate on the ballot paper for the election of the President, nor more candidates than the number of seats allotted to that constituency on the ballot paper for the election of the members of the Council.
If the case of mistakes in the marking of either of the two ballot papers, the elector may return the erroneous ballot paper to the President of the Commission and request a new one. No new ballot paper shall be given before the spoilt one is crossed through and placed in a special envelope.
If the elector is illiterate or unable to mark the ballot paper, he or she may be helped by an elector of his or her trust, with the permission of the Commission, which shall establish the real will of the elector. The elector may ask the President of the Polling Station Commission to supervise his or her vote.

Art. 75: Security measures

The President of the Polling Station Commission shall be responsible for the keeping of law and order within the precinct of the polling station.
There shall be a number of members of the security forces in uniform outside the polling station and in the surrounding area, in order to implement the orders of the President of the Polling Station Commission; these agents may not stay inside the station, unless this is required by the President and only for the time necessary for the keeping of order.

Art. 76: End of the poll

When the time established for the vote is finished, the President of the Polling Station Commission shall order the closure of the station's doors, and allow to vote only those who are already queuing outside.
Once all the remaining electors have voted, the Polling Station Commission members and the candidates' agents, whose names and signatures shall be included at the end of the list of voters, shall vote.
Immediately the vote is finalised, the Polling Station Commission shall start the counting of votes in the same station.

Chapter 7: Determination and Announcement of Electoral Results

Section A: Counting of votes at the Polling Stations

Art. 77: Counting of votes

The count of the votes shall be done in the presence of all of the Polling Station Commission members, and of any of the members of the electoral administration, candidates' agents, candidates, international and domestic observers, and journalists, who also wants to be present.
Notwithstanding the provision of paragraph 1 above, no other person shall be admitted to observe the operation of counting the votes, unless the capacity of the station allows so and as long as this does not cause disorder or obstruct in any way the counting operations.
The Polling Station Commission shall open both ballot boxes at the same time and shall open the envelopes contained in each of them, sorting the ballot papers and separating those for the election of the President from those for the election of the Council. [The Commission] shall then put the ballot papers for the election of the Council again into the corresponding ballot box and close it, and shall start to count first the votes for the election of the President.

Art. 78: Counting of votes for the election of the President of the Council

The President of the Polling Station Commission shall divide the ballot papers for [the election of] the President into two equal piles and distribute then between two teams, each of them formed by two members of the Commission. One of the members of each one of these teams shall count the votes and the other one shall record the results and fill the four copies of the protocols established in Article 81 of this Law.
Candidates, candidates' agents and observers may, once each ballot paper is read, request [it to be shown to them and] to inspect it.
Once the counting of votes is finalised, the number of ballot papers, including those blank and void, must be equal to the number of voters listed in the voters list made by the members of the Commission and to the number of electors crossed through on the register of electors; all of this shall then be recorded in the four copies of the corresponding protocol.
In the case of the existence of differences, the count of the votes shall be done again, following the same procedure; if the differences persist and this affects the result of the election, the election shall be repeated in that polling station, following a decision of the Central Elections Commission.
Any claim made by any of the candidates or the candidates' agents during the counting, and the decisions taken by the Polling Station Commission to this respect, shall be stated in the corresponding protocol.
Candidates, candidates' agents and observers may create their own protocol [of the count] and ask the President of the Polling Station Commission to sign it.

Art. 79: Counting of votes for the election of the Council's members

Once the count of the votes for the election of the President is finished, the Polling Station Commission shall start the counting of votes for the election of the members of the Council.
The counting of votes for the election of the members of the Council shall be done following the same procedure described in Article 78 above.

Art. 80: Void and blank ballot papers

A ballot paper shall be considered void if:
1. It is not one of the official ballot papers issued by the National Election Office.
2. t does not bear the Polling Station Commission stamp.
3. It contains marks favouring more than one candidate, in the case of the election of the President; or marks favouring more candidates than the number permitted, in the case of the election to the Council.
4. The order or the names of candidates have been altered.
5. It does not correspond to the constituency where it was cast.
6. It contains marks or writings by which the voter can be identified.
A blank ballot paper is one on which there are no marks for any candidate.

Art. 81: Delivery of protocols and ballot papers

Once the counting of votes is finished, the Polling Station Commission shall complete two final protocols: one for the election of the President, and the other for the election of the members of the Council.
Four copies shall be made of each of the two protocols.
Each protocol shall state:
1. The name and number of the polling station.
2. The names of the agents and representatives of the candidates present at the count.
3. The total number of electors registered in that polling station.
4. The number of electors who voted and the number of ballot papers cast.
5. The number of electors who abstained from voting.
6. The number of number of void, blank and spoilt ballot papers.
7. the date when the count was made.
In addition to the provisions of paragraph 3 above, the protocol relating to the election of the President shall state the names of the candidates for the position of President and the number of votes obtained by each of them, ordered in a decreasing manner. The protocol relating to the election of the Council shall state, in addition to the provisions of paragraph 3 above, the names of the candidates for the Council and the number of votes obtained by each of them, also ordered in a decreasing manner.
Each of the two protocols and their copies shall be signed by the President and the members of the Polling Station Commission and by any of the candidates or their agents and representatives who wish to do so.
One copy of both protocols, together with the valid, void and blank ballot papers, and the rest of the forms completed during the operations of voting and counting, and the claims, is to be handed to the relevant District Election Commission, which shall keep them securely.
One copy of both protocols is to be delivered to the Central Election Commission, one copy is to be delivered to the Election Appeals Court, and the last one shall be displayed at the polling station. All the protocols shall be officially stamped by the President of the Polling Station Commission.

Section 2: Preliminary [provisional] results of the election

Art. 82: Preliminary [provisional] electoral results in the constituencies

The District Election Offices shall receive and gather all the copies of the protocols sent by the Polling Station Commissions of their respective constituencies and add the electoral results contained in them as soon as possible.
Only the following persons may be present at this operation:
1. Members of the [District Election] Commission and the staff of the [District Election] Office of that constituency.
2. Candidates.
3. Candidates' accredited agents and representatives.
4. Accredited international and domestic observers.
5. Accredited journalists.
Each District Election Office shall publish the provisional results of the elections in its constituency, stating the names of the candidates elected and the number of votes obtained by each of them.
The District Election Commissions shall then send to the Central Election Commission, as soon as possible, the copies of the protocols sent by the Polling Station Commissions, together with the provisional results of the election in their districts.

Art. 83: General preliminary results of the election

Once the Central Election Commission has received all the protocols and the provisional results of the elections in all the constituencies, the National Election Office, under the direction of the Central Election Commission, shall add them and produce the general preliminary results of both elections.
The general preliminary results of the elections shall be published in the information media by the Central Election Commission.

Section 3 : The Scrutiny and the Final Results of the Election

Art. 84: The scrutiny in the District Election Commission

Each District Election Commission shall, once the protocols sent by all the Polling Station Commissions [of its constituency] are received, commence the scrutiny in its constituency.
The scrutiny shall be public and shall take place at the site of the relevant District Election Commission. The following persons may be present:
1. Members of the District Election Commission and the staff [of the District Election Office].
2. Candidates.
3. Candidates' agents and representatives.
4. Accredited international and domestic observers.
5. Accredited journalists.
6. Members of the security forces, only when asked to do so by the President of the District Election Commission.
The scrutiny of the District Election Commission shall consist of the study of the protocols sent, of the filed claims, and of the contested ballot papers, verifying the data stated in them.
The District Election Commissions shall hear the candidates, candidates' agents or candidates' representatives who filed any claim. The District Election Commission shall adopt a decision on each filed claim and shall make public the election results for the constituency.
If the District Election Commission detects irregularities in the conduct of the election in one or more of the polling stations which could affect the final results of the election and the allocation of seats in that constituency, it shall state this in its report and recommend to the Central Election Commission the calling of new elections in that or those concerned polling stations.
The election results to be published by the District Election Commission shall include:
1. The total number of electors registered in the constituency.
2. The number of electors who voted.
3. The number of electors who abstained from voting.
4. The number of valid ballot papers for both the election of the President and of the members of the Council.
5. The number of void and blank ballot papers in both elections.
6. The names of the candidates for the position of President and the number of votes obtained by each of them, ordered in a decreasing manner.
7. The names of the candidates to the Council and the number of votes obtained by each of them, ordered in a decreasing manner
8. In constituencies with seats specially allocated to Christians, the names of the Christian candidates and the number of votes obtained by each of them, ordered in a decreasing manner.
9. The date and the time in which the scrutiny was made.
10. The signatures of the President and the members of the District Election Commission.
The candidates, the candidates' agents, and the candidates' representatives may ask the Central Election Commission to review the District Election Commission's decisions referring to the claims presented.

Art. 85: Delivery of the protocols to the Central Election Commission

Once the District Election Commissions have finished all the operations described in Article 84, their Presidents shall hand in person to the Central Election Commission all the protocols and the required electoral material, together with the election results.

Art. 86: The final scrutiny at the Central Election Commission

The Central Election Commission shall, once all the protocols, reports and other material sent by the District Election Commissions are received, do the final scrutiny.
The final scrutiny shall be public and take place at the site of the Central Election Commission within 5 days after polling day. Only the following persons may be present at the final scrutiny:
1. Members of the Central Election Commission and its employees.
2. Candidates.
3. Accredited agents and representatives of the candidates.
4. International and domestic observers.
5. Accredited journalists.
The Central Election Commission shall study the reports of the District Election Commissions, and their decisions on the claims filed by candidates, candidates' agents, and representatives, and hear the allegations made by the latter in support of their claims.
Once the operations mentioned in paragraph 3 above are done, the Central Election Commission shall make public the final general results.
If the Central Election Commission detects important irregularities in the conduct of the election at one or more polling stations which could affect either or both the final results of the election for the position of President and the election to the membership of the Council, or the allocation of seats in one or more constituencies, it shall call for new elections in that or those polling stations, to be held within 10 days.
The final election results shall include:
1. The total number of electors registered in the final register of electors.
2. The number of electors who voted.
3. The number of electors who abstained from voting.
4. The number of valid ballot papers for each one of the elections.
5. The number of void ballot papers in each one of the elections.
6. The number of blank ballot papers in each one of the elections.
7. The names of the candidates for the position of President and the number of votes obtained by each of them, ordered in a decreasing manner.
8. The names of the candidates to the Council and the number of votes obtained by each of them, ordered in a decreasing manner.
9. In constituencies with seats specially allocated to Christians, the names of the Christian candidates and the number of votes obtained by each of them, ordered in a decreasing manner.
10. The date and the time of the scrutiny.
11. The signatures of the President and the members of the Central Election Commission.

Art. 87: Claims against the decisions of the Central Election Commission

Any partisan entity, candidate, candidate's agents or representatives may appeal to the Election Appeals Court against the decision of the Central Election Commission within 2 days from the publication of the final results.
The Court's verdict shall be pronounced within 5 days from the filing of the claim, and immediately communicated to the Central Election Commission for implementation.

Section 4 : Elected Candidates

Art. 88: The elected President

The candidate who obtained most votes shall be considered elected President.
In the case of a tie between the two candidates with most votes, new elections between both candidates shall be called to take place within 10 days.
If only one candidate was nominated for the position of President, [elections shall take place and] he or she shall only be declared elected if the number of valid votes obtained is larger than the aggregate number of blank and void ballot papers cast.
The Central Election Commission shall give an official certificate to each elected candidate.

Art. 89: The elected members of the Palestinian Council

Subject to paragraph 2 below, the candidates who obtained most votes in each constituency are to be considered elected members of the Palestinian Council.
In any constituency where a minimum number of seats is reserved for Christians, those seats shall be allotted to the Christian candidates who obtained more votes than the rest of the Christian candidates. Nevertheless, there shall be no obstacle for Christians to run as ordinary candidates in the rest of the constituencies.
In the case of a tie between two or more of the candidates with the most votes, new elections between those candidates shall take place within 10 days.
The Central Election Commission shall issue official certificates to the elected candidates.
The final results shall be published in the Palestinian Gazette.

Chapter 8: By-Elections for the Position of President and for the Membership of the Council

Section 1: By-election for the position of President

Art. 90: Vacancy in the position of President

The position of President shall be considered vacant in the following cases:
1. Decease.
2. Resignation.
3. Loss of legal capacity.
For the President to be deprived of his or her legal capacity, it is necessary for this to be declared by a Palestinian Court and to be ratified by two thirds of the members of the Council.
If a vacancy occurs in the position of President due to any of the causes listed in paragraph 1 above, the President of the Council shall take over the office temporarily, for no more than 60 days, within which time elections shall take place to elect a new President.

Art. 91: [By-] Elections

By-elections for the position of President shall be called by Decree of the President of the Council, according to Article 90 of this Law.
By-elections for the position of President shall take place within 60 days of the occurrence of the vacancy.
By-elections for the position of President shall be held under the provisions established by this Law for the election of the President.
The final electoral register created under the provisions of this Law shall be used for by-elections, following its amendment to take into account deceases, persons who have reached the minimun age for voting and for being a candidate, and changes of residence.

Section 2: By-elections for the Membership of the Council

Art. 92: Vacancy in the membership of the Council

The position of member of the Council shall be considered vacant in the following cases:
1. Decease.
2. Resignation.
3. Loss of legal capacity.
4. Continuous non-attendance at the Council's meetings for a year or more, due to chronic illness or imprisonment.
The resignation of a member [of the Council] shall be submitted to the President of the Council and shall take effect 10 days after its submission.
For the member [of the Council] to be deprived of his or her legal capacity, it is necessary for this to be declared by a competent Palestinian Court and to be ratified by the vote of the majority of the members of the Council.
If the remaining period of term of legislature at the moment of the vacancy exceeds one year, [by-]elections shall take place in the constituency where the member whose position is vacant was elected, under the provisions established by this Law for the election of the Council's members.
By-elections to elect a new member of the Council shall be held under the provisions of Article 91 of this Law.

Art. 93: Financing of the elections [¹]

The Palestinian National Authority, in coordination with the Central Election Commission, shall provide the funds necessary to finance all the operations of the electoral process and the work of the different electoral commissions and their administrative organs.
The use of the above mentioned funds for purposes different from those established by the instructions of the Central Election Commission, is forbidden.
The Palestinian National Authority shall refrain from helping or financing the electoral campaign of any candidate.
Every partisan entity participating in the elections and every elected candidate shall submit to the Central Election Commission, within 20 days from the announcement of the final results, a detailed report about its funding sources and its expenditures during the electoral campaign.

Art. 94: Control of the financing of the electoral campaign [¹]

No party or candidate participating in the elections shall receive funds for the electoral campaign from any foreign source.
The representative of each partisan entity which participated in the elections, and every candidate nominated, are responsible for any infringement of the provisions established in Article 93.2 and 4 of this Law, and in paragraph 1 above, and shall be punished with a penalty of, either or both, imprisonment not exceeding 6 months and a fine not exceeding 500 Jordanian Dinars.

[¹]: T.N.: The introduction of Articles 93 and 94, addresses to rule the financing of the electoral process, in this section of the law, dealing only with by-elections for the membership of the Council, seems to be due to a mechanical error. In previous drafts of the Law the financing of the electoral process was a separate part of the Law.

Palestinian Elections Law Part V: Electoral Process