Electoral Act of Einsenland (British English)
Reference translation into British English. The Chinese source is available here. This translation preserves its numbering and legal status; it is not a jointly authenticated text of equal legal authority. See source and translation notes.
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Electoral Act of the Republic of Einsenland
Section 1
The State shall provide for universal, equal, free and secret voting. The President and House of the People shall be directly elected; the House of Regions shall be indirectly elected by elected local assemblies under the Constitution. Political competition, neutrality of public services and transparency of funding shall be protected by law.
Section 2
Electors shall lawfully choose the President, members of the House of the People and local office-holders. The State shall not guarantee permanent government by a particular party. A party obtaining support lawfully may remain in government. A transfer of government shall not affect the validity of the Constitution, laws or national plans.
Section 3
Violence, coercion, bribery, falsification of ballots, impersonation, unlawful foreign funding, unauthorised use of personal data and concealment of paid campaigning shall be prohibited. Policy criticism, news commentary and ordinary research shall not be treated as unlawful merely because they disadvantage a candidate. Whether a factual statement is false, and liability for it, shall be determined through statutory evidential and remedial procedures.
Section 4
Citizens of the Republic aged 18 or over shall have the right to vote unless deprived of political rights by a court judgment in accordance with the law, and shall not be discriminated against on grounds of origin, sex, language, property, political opinion or length of residence. Persons aged 30 or over may stand for the House of the People and House of Regions. Presidential eligibility shall be prescribed separately.
Section 5
Serving members of the armed forces, serving judges and procurators, and persons whose concurrent service is prohibited by law shall first leave office lawfully before standing for election. Eligibility restrictions shall require express legislation and an individual determination subject to judicial review. Political participation shall not be generally withdrawn merely on a medical diagnosis.
Section 6
Candidate registration shall include declarations of statutory eligibility, nationality, criminal record, assets and conflicts of interest, and campaign accounts. The Electoral Commission shall give reasons and an opportunity to make representations when refusing registration, addressing material false declarations or disqualifying a candidate, and shall safeguard urgent judicial remedies. The invalidity of the election of an elected person shall be determined by a court.
Section 7
The House of the People shall use a parallel mixed electoral system, with electors casting a candidate vote and a party vote separately. The two categories of seats shall be calculated independently. Party votes shall allocate only national list seats and shall not provide national proportional compensation for constituency seats.
Section 8
The President shall be directly elected by the national electorate, requiring more than half the valid votes under Section 22, with a second round where necessary.
Section 9
The House of Regions shall be elected by the elected assemblies of the eight provinces and the directly administered capital district under Chapter IX, without a separate nationwide direct election campaign.
Section 10
The Independent Electoral Commission shall lawfully administer registration, constituency boundaries, voting, counting, political finance and public reporting. Its appointment and guarantees of tenure shall be governed by the State Organisation Act. Electoral disputes shall be determined by independent courts; the Commission shall not be the final judicial arbiter of its own decisions.
Section 11
The Electoral Commission shall remain neutral, publish meetings, procedures and technical audits in accordance with the law, and accept parliamentary, audit and judicial oversight. The Government, political parties and other bodies shall not direct vote counting, alter eligibility on political grounds or enforce expenditure rules selectively.
Section 12
Constituency boundaries shall reflect population balance, geographical continuity and convenient voting and avoid gerrymandering. Proposals and data shall be published for at least 30 days with reasons for the treatment of comments. Major changes shall in principle be completed six months before an election. Urgent early elections shall use existing lawful constituencies; boundaries shall not be redrawn at short notice except by court order.
Section 13
Lawful candidates and parties shall enjoy rights of expression, assembly, complaint and equal use of public campaign resources. The State shall provide a unified free candidate information platform, reasonable public venues and neutral debate and manifesto presentation slots. Resource standards shall be published in advance and shall not distinguish between governing and non-governing parties.
Section 14
Campaign income and expenditure shall pass through dedicated accounts, with designated agents and records of cash, goods, discounted services, online advertising and third-party cooperation. Sources, donations and expenditure shall be audited under Chapter X. Enterprises, State-owned enterprises, administrative bodies and foreign entities shall not be used to route funding indirectly.
Section 15
Public media campaign slots and interview rules shall be neutral and public. Public personnel and facilities shall not provide additional campaign assistance to the governing party. Ordinary reporting and editorial judgment shall be protected; differences in coverage shall not automatically constitute a donation. Paid publicity shall clearly identify its funder.
Section 16
Disputes concerning electoral registration, boundaries, finance and results shall be heard by the electoral division of the competent Intermediate Court. They shall ordinarily be brought within 30 days of service of a decision or publication of official results. Urgent registration disputes and disputes arising close to polling shall be dealt with within seven days, with interim protection ordered within 48 hours where necessary. Statutory appeals shall follow the Judiciary Act and shall not be replaced by administrative coordinating bodies.
Section 17
Unlawfulness capable of materially affecting the result may lead, by court order, to a recount, a partial fresh election or invalidation of the election. Ordinary reporting errors shall first be corrected. Minor technical defects shall not automatically invalidate an election. Bribery, deliberate material concealment and manipulation of counting shall attract liability in accordance with the law.
Section 18
A presidential candidate shall hold the Republic's nationality by origin, have no foreign permanent right of residence, be at least 40 years old, have resided continuously in the country for 10 years and meet this Act's general eligibility requirements. Party membership shall not be a necessary condition.
Section 19
A candidate may be nominated by signatures of at least 50,000 electors, by a party or alliance represented in the House of the People, or by at least three provincial-level assemblies, each acting on the support of one third of all its members. Each elector shall support only one candidate in the same nomination process. Signatories' personal data shall be protected in accordance with the law.
Section 20
The deposit for a presidential candidate shall be ENY 500. It shall be refunded if the candidate obtains at least three per cent of valid votes, withdraws the nomination, the election is not completed, or another circumstance requiring repayment by law occurs. The deposit shall not replace eligibility scrutiny or create an unreasonable barrier to candidature.
Section 21
Presidential candidates shall have equal access to nationwide manifesto presentation and public platforms. An incumbent President's official activities and campaign expenditure shall be accounted for separately. State secrets, administrative orders, public budgets and State-owned enterprises shall not be used for personal electoral advantage.
Section 22
The President shall serve a five-year term, and no person may be elected more than twice. A candidate obtaining more than half the valid votes in the first round shall be elected. If no candidate does so, the two candidates receiving the most votes shall contest a second round within 21 days, and the candidate receiving more votes shall be elected. Where there is only one candidate, votes for and against shall be provided; the candidate shall be elected only if votes in favour exceed half. Otherwise, nominations and an election shall be held again within 60 days. A tie determining qualification for the second round or election shall first be subject to a count review; if the tie remains, a fresh ballot between the relevant candidates shall be held within seven days.
Section 23
Preliminary results shall be published within 24 hours of the close of polling, and verified official results and counting records within seven days. Judicial interim protection and partial recounts shall follow the court's decision and shall not automatically stop counting in uncontested areas. A normally elected President shall take office at the expiry of the outgoing term. In the event of permanent vacancy, acting office shall follow the Constitution and an election shall be held within 60 days. An internal party election shall not directly confer succession to the presidency.
Section 24
The House of the People shall have a fixed total of 300 seats: one member from each of 150 single-member constituencies and 150 national list seats. Constituency and list seats shall be allocated independently, without overhang or levelling seats. The parallel system shall not be described as providing proportional compensation across all 300 seats.
Section 25
Single-member constituencies shall be allocated on the basis of the latest census and verified resident population holding nationality. Population deviation shall not exceed 15 per cent of the national average constituency population. The Commission shall publish calculations, geographical reasons and boundaries, giving particular reasons where transport or physical geography requires deviation close to the limit, and shall not discriminate against a particular group.
Section 26
An elector shall cast the first vote for a candidate in their constituency and the second for a national party list. The votes may support different parties. The constituency candidate obtaining the most votes shall be elected. If a tie remains unresolved after count review, a fresh ballot among the tied leading candidates shall be held within 14 days.
Section 27
Parties obtaining at least three per cent of valid national party votes or at least five directly elected seats shall participate in national list allocation. Directly elected members of a party below the threshold shall retain their seats. Independent candidates may lawfully contest single-member constituencies. If no party reaches the threshold, all parties with valid party votes and eligible lists shall participate, so that the threshold does not leave half the seats unfilled. If there are no valid party votes, list voting shall be held again within 60 days, and the first sitting of the new House shall follow confirmation of the complete results.
Section 28
The 150 national list seats shall be allocated among eligible parties by the Sainte-Laguë highest-averages method: each party's valid party votes shall be divided successively by the positive odd numbers 1, 3, 5 and so on; the 150 highest quotients shall be selected, and one seat awarded for each selected quotient. Equal quotients shall first be resolved by comparing the parties' total valid votes; if still equal, a public and recorded drawing of lots shall be held.
Section 29
Parties shall publish their candidates' order and statutory eligibility before nomination, and lists shall contain sufficient eligible candidates. A candidate shall not stand simultaneously in two constituencies but may also appear on a list. A directly elected candidate shall be skipped on the list, with the seat passing to the next eligible candidate of that party. Seats for which a list is exhausted shall remain vacant and shall not be transferred to other parties or filled through invented compensation.
Section 30
A vacancy in a directly elected seat with more than six months of the term remaining shall be filled by a by-election within 60 days; where six months or less remain, it shall stay vacant. A list vacancy shall be filled by the next eligible candidate on the party's list; if the list is exhausted, the seat shall remain vacant. By-elections and replacement shall neither extend the term nor alter the statutory denominator of 300 seats for voting.
Section 31
The House of Regions shall have 72 seats, eight for each of the eight provinces and the directly administered capital district. Every three years each elected local assembly shall elect four members by secret group-list ballot. The four seats for that local round shall be allocated by the odd-number divisor method in Section 28, without the national party-vote threshold. Independent assembly members may form nomination groups and submit lists.
Section 32
A candidate for the House of Regions shall be at least 30 years old, have the legally required connection with the relevant locality and meet the general eligibility conditions. Serving central government ministers, judges, procurators, serving members of the armed forces and members of independent oversight bodies shall not concurrently hold a seat. Local assembly election records, lists and results shall be public and verified by the Independent Electoral Commission.
Section 33
Members of the House of Regions shall serve six-year terms, with four seats in each locality renewed every three years, and may be re-elected. Changes in the term of the local assembly shall not automatically terminate an existing regional member's term. When each locality's first eight members are elected under the new system, the eight seats shall be allocated proportionately under Sections 28 and 31, followed by a public drawing of lots assigning four seats three-year terms and four seats six-year terms; all subsequent terms shall be six years.
Section 34
A vacancy in the House of Regions shall be filled for the remainder of the term by the next eligible person on the original nominating list. If that list is exhausted, the local assembly shall hold a by-election for the vacant seat in accordance with the law. The transition shall be completed within the transitional period under the organisation legislation. Existing local representatives shall maintain essential functions until successors are lawfully elected. Transitional provisions shall not themselves replace an actual election and confirmation of results.
Section 35
The spending limits for a single election shall be: ENY 5 million for a presidential candidate; ENY 200,000 for a single-member constituency candidate; ENY 1 million plus ENY 20,000 for each single-member constituency contested for a party's national list and joint publicity, subject to a total maximum of ENY 4 million; and ENY 10,000 for a House of Regions candidate. List candidates shall have no additional personal publicity allowance. Expenditure shall include goods and services incurred for that election before or after the campaign period and shall not be evaded by advance payment.
Section 36
The amounts in the preceding Section shall be based on prices at promulgation of the amendments to this Chapter. Every five years the Electoral Commission shall adjust them solely by the cumulative change in the official consumer price index, publish them 180 days in advance and round them to the nearest ENY 100. Urgent early elections shall use the standards already in force. Changes exceeding the index shall require amendment of the law. Limits shall not be altered close to polling to benefit particular contestants.
Section 37
Electoral donations shall be voluntary and limited to adult citizens of this State. A natural person's annual total to the same candidate, party or campaign entity shall not exceed ENY 20,000, and their annual total to all electoral entities shall not exceed ENY 100,000. Funding from foreign sources, enterprises, State-owned enterprises, public bodies and anonymous sources shall be prohibited. Members shall not be compelled to contribute to campaigns, and nominees or splitting shall not be used to circumvent the rules. Ordinary policy research and organisational expression of opinions shall not be automatically prohibited by this Section.
Section 38
Every receipt and payment shall retain source information and supporting documents. For cumulative donations of ENY 1,000 or more, the donor's name, amount, time and recipient shall be public. Identity documents, addresses, accounts and contact details shall be used only for statutory verification and shall not be public. Small donations shall be disclosed to the public in aggregate, but every source shall remain verifiable in accordance with the law.
Section 39
A third party expressly supporting or opposing an identifiable contestant through paid advertising or similar means shall register its funding sources and expenditure, with a limit of ENY 50,000 per election. Expenditure coordinated with a candidate or party shall count towards the corresponding limit. The same ultimate controller shall not divide activities among separate organisations to evade the rules. Independent third-party conduct shall not automatically be attributed to a candidate without evidence of coordination. Ordinary individual expression, editorial activity and public-issue activity not intended to solicit votes shall not count as campaigning on another's behalf.
Section 40
Campaign accounts shall be registered at nomination. Reports shall be submitted weekly before polling and within 30 days afterwards, and an independent audit completed within 90 days. The Electoral Commission shall inspect statutory financial information and shall not use that power to collect unlimited information on political opinions or ordinary supporters. Compulsory evidence-gathering shall be subject to judicial authorisation and remedies in accordance with the law. The National Audit Office may lawfully examine public resources and overall implementation.
Section 41
Ordinary late reporting shall first be subject to a period for correction. Refusal to correct without proper reason shall incur a fine of ENY 1,000 to ENY 10,000. Deliberate overspending, concealment of unlawful funding or materially false reporting shall lead to confiscation of unlawful funds and a fine of one to three times the unlawful amount. Whether the conduct is sufficient to affect election and whether criminal liability arises shall be determined by the competent court in accordance with the law. The Commission shall not itself revoke a confirmed seat over an ordinary financial dispute.
Section 42
Administrative bodies, State-owned enterprises and public media shall not provide improper electoral benefits through procurement, advertising, official travel or staff secondment. When lawfully publishing necessary public information, the Government shall remain neutral and distinguish official duties from campaigning. Official records and expenditure shall be audited. Governing status shall not exempt a participant from limits or disclosure.
Section 43
The formal campaign period shall normally run from confirmation of nominations until the day before polling and last no more than 45 days; the second-round period shall last no more than 21 days. Ordinary political participation outside the campaign period shall not be prohibited. Expenditure actually incurred for a particular election shall still count towards limits. Time-limited campaigning shall not be turned into a year-round ban on opposing views.
Section 44
Ordinary presidential and House of the People elections shall be officially confirmed before the outgoing term expires. The Electoral Commission shall publish the timetable at least 90 days in advance. Different terms shall not be extended or shortened to force synchronisation. Elections following dissolution of the House of the People shall be held within 60 days. The new House shall first meet within 14 days of confirmation of official results and begin constitutional government formation.
Section 45
Where war or disaster makes voting genuinely impossible, postponement shall be limited to the necessary areas and period, not exceeding 30 days on each occasion or 90 days in total, and shall be subject to Constitutional Court review. Electoral disadvantage to a party, changes in support or internal consultation shall not justify postponement. Acting office-holders and caretaker governments shall maintain essential functions under the Constitution.
Section 46
Counting procedures, algorithms, audits and results shall be public and capable of repeated verification. Ballots and necessary records shall be retained at least until disputes are concluded and for the statutory archival period. Personal data shall be retained only as necessary. Publication of results shall not justify disclosing individual voting choices. Government handover shall include budgets, plans, contracts, cases and records. Election shall not directly extinguish existing State obligations.
Section 47
The amended voting, House of Regions and finance rules shall apply to the corresponding elections lawfully held thereafter and shall not retrospectively overturn existing elections. The Electoral Commission shall complete implementing rules within 180 days. Lawfully confirmed histories of office-holding shall not be rewritten without a fresh election.
Section 48
The original text of this Act entered into force on 31 August 1980. These amendments shall enter into force on lawful promulgation. Implementing rules shall not alter the seat-allocation algorithm, statutory terms, permitted scope of adjustment to funding limits, fundamental rights or judicial remedies.