Law on Basic Provisions on Elections and Voter Registers (April 26
th 1961, as lastly amended in 1999)
UNOFFICIAL TRANSLATION OSCE/ODIHR
LAW
NO: 298
LAW ON BASIC PROVISIONS ON
ELECTIONS AND VOTER REGISTERS (*) .... ... .... ... ... ... ... ... .... ... ...
... .. Date of
Enactment: April 26 th 1961
Published in the Official
Gazette No. 10796 on May 2 nd 1961
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... CHAPTER ONE
PRINCIPLES
THE SCOPE OF THE LAW
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Article 1 - (Amended
by Law No. 3270 on 28.3.1986) The provisions of this Law shall apply for
elections of deputies, members of provincial general councils, mayors, members
of municipal councils, chief aldermen, members of aldermen council, aldermen
according to specific laws pertaining to each election and referenda on laws
related to amending the Constitution.
PRINCIPLES
OF ELECTION
Article 2 - Elections
are held based on the principles of free, equal and single stage public voting.
Voters cast their votes in person.
(*)
Pursuant to Article 43 of Law no. 2893 dated June 10 th
1983, "provisions related to the Senate of the Republic" in the
clauses of Law no. 298 have been deleted.
Votes
shall be cast by ballot.
Counting,
sorting out, listing and registering of votes shall be made publicly.
PROVINCIAL
ELECTION DISTRICT
Article 3 - Each
province shall be a provincial election district provided that classifications
pertaining to districts in related special laws are reserved.
COUNTY
ELECTION DISTRICT
Article 4 - Each
county shall be regarded a county election district.
BALLOT BOX ZONE .... ... .... ... ... ... ... ... .... ... ... ... ... ... .... ... ... ... ... ... .... ... ... ... ... .... ... ... ... ... .. .... ... ... ... ... ... .... ... ... ... ... ... .... ... ... ... ... ... .... ... ... ... ... ... .... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ... .... ... ... ... ... ... .... ... ... ... ... ... .... ... ... ... ... ... .... ... ... .. ... ... .... ... ... ... ... ... .... ... Article 5 - (Amended by Law No. 2234 on 17.5.1979) For elections, each county election district is divided into a required number of ballot box zones.
(Paragraph
2 amended by Law 3959 on 28.12.1993) A ballot box zone essentially covers 200
voters in villages and 150 voters in towns and cities. Districts consisting of
several units of settlement such as neighbourhoods or communities may be
divided into a required number of ballot box zones, notwithstanding the
existence of the number of voters specified above, by considering the distance
and means of access to the ballot box.
(Paragraph 3 was abolished by Article 1 of Law no. 3959 enacted on
December 28 th 1993.)
(*)
VOTERS
Article 6 - (Amended
by Law No. 4125 on 27.10.1995) Every Turkish citizen who has completed the age
of eighteen shall be entitled to vote and to participate in referenda).
PERSONS
PROHIBITED FROM VOTING
Article 7 - The
following shall not be eligible for voting:
1.
Privates, corporals or sergeants in active service in Turkish Armed Forces
(those at leave due to any cause whatsoever shall strictly be subject to this
provision),
2.
Military school students,
3.
(Annex: 2839 - 10.6.1983) (Amended by Law No. 4125 on 27.10.1995) Convicts in
penalty execution establishments.
NON-VOTERS .... ... .... ... ... ... ... ... .... ... ...
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Article 8 - The
following shall not be entitled to cast vote:
1.
Those place under the care of a guardian,
2.
Persons prohibited from public service.
CHAPTER TWO
ELECTION BOARDS
EXECUTION OF ELECTION PROCEDURES
Article 9 - (Amended
by Law No. 2234 on 17.5.1979) Procedures related to election shall be executed
by election boards.
Provincial
governors, district governors, mayors, chief aldermen and all public servants
shall be obliged to provide, timely, correctly and without delay, all
information and documents required by election boards for all election
procedures and for issuing voter registers.
ELECTION
BOARDS .... ... .... ... ... ... ... ... .... ... ...
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Article 10 - (Amended
by Law No. 2234 on 17.5.1979) A Supreme Board of Elections shall sit in
Also,
a central district election board shall be established in provincial central
towns.
(*)
Shall not apply for the next general local elections pursuant to Provisional
Article 2 of Law no. 3959 dated December 28 th 1993.
Several
county election boards shall be established in counties having a population
larger than 200,000 based on the last census by taking as basis the boundaries
of villages and communities (election zones) and considering equality in
population to the extent possible.
Other
municipalities within a county (including the central district) excluding
provincial municipalities and county municipalities shall be affiliated to one
of the district election boards together with all communities they cover as a
whole without fragmenting.
SUPREME
BOARD OF ELECTIONS
Article 11 - (Amended
by Law No. 3330 - 19.2.1987) Supreme Board of Elections shall consists of seven principal and four alternate members. Six
of the members shall be appointed by the Supreme Court of Appeals and five
members by the Supreme Council of State by ballot amongst their own members,
with absolute majority of the full number of members. The members so appointed
shall elect a chairman and a vice chairman amongst themselves by ballot and
with absolute majority of votes.
Members
of the Supreme Board of Elections shall take office for a period of six years.
A member whose term of office is terminated may be re-elected.
Former
members shall continue to hold office until all new members are elected.
The
vice-chairman shall assist the chairman in the performance of his duties and
represent the chairman in his absence. In case of absence of the vice-chairman,
the oldest member shall preside the board.
Following
each renewal election, two of each of the members nominated by the Supreme
Court of Appeals and the Supreme Council of State shall be appointed as
alternate members by drawing names. The chairman and the vice-chairman shall
not participate in drawing names.
If the
chairman or the vice-chairman resigns, the Supreme Board of Elections shall
hold an election for the vacancy; the member resigning from the chairman or
vice-chairman position shall replace the position of the member appointed to
fill his former position.
(Annexed
paragraph: 4265 - 5.6.1997) The Chairman of the Supreme Board of Elections
shall be regarded at leave from the organisation in which he is employed.
However, the chairman shall continue to benefit from all salaries, allowances,
as well as all salary raises, premiums and personnel rights as before.
(Annexed
paragraphs: 4448 - 26.8.1999) An "Administrative and Financial Affairs
Directorate" has been established within the Supreme Board of Elections to
perform secretarial, administrative, financial and other ancillary services.
The
Director and branch office managers shall be appointed under a resolution of
the Supreme Board of Elections, upon proposition of the Chairman of the Supreme
Board of Elections and other personnel shall be appointed by the Chairman of
the Supreme Board of Elections.
The
provisions of paragraphs two and three of Article 30 hereof related to transfer
of personnel to other institutions shall apply for the Government Agency and
its personnel.
TIME
FOR ELECTION OF MEMBERS
Article 12 - (Amended
by Law No. 3330 on 19.2.1987) An election shall be
held in the second half of January once every three years to substitute members
of the Supreme Board of Elections whose terms of office have expired.
In
case of any decrease in the number of members during the said period, the
number shall be completed pursuant to the preceding Article. A member so
appointed shall complete the term of office of his predecessor. If the election
is held due to resignation of the chairman or the vice-chairman, following
election of the chairman or the vice-chairman upon participation of the new
member, the position of the member shall be determined depending on the result
of the election and according to the principle specified in the last paragraph
of Article 11.
RESOLUTIONS .... ... .... ... ... ... ... ... .... ... ...
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Article 13 - The
Supreme Board of Elections shall resolve with absolute majority of votes and in
case of an equilibrium of votes, the chairman shall
have the casting vote.
Final
resolutions as well as interpretations of the Supreme Board of Elections shall
be published in the Official Gazette as soon as possible.
DUTIES
AND POWERS .... ... .... ... ... ... ... ... .... ... ...
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Article 14 - (Amended
by Law No. 2234 - 17.5.1979) The duties and powers of
the Supreme Board of Elections are given in the following:
1.
(Amended by Law No. 3420 on 31.3.1988) To have produced a sufficient quantity
of the envelopes in which the ballot papers shall be inserted in elections,
such envelopes being different from the colours and dimensions of envelopes
either found in the market and produced or toll produced by the State Materials
Office and bearing a watermark reading "The Republic of Turkey, the
Supreme Board of Elections" and being in different colours and dimensions
for each election, if necessary; and to supervise every stage of the production
of the said envelopes from the production of paper pulp up until the formation
and delivery of the envelopes, by (a) member(s) of the Board to be appointed by
the Chairman considering the volume, duration and nature of the work to be
performed or by the chairman of the county election board, or by judges who are
the chairman or members of the provincial election board; and to send the
envelopes to provincial election boards, against certificates of receipt, in
quantities to meet the requirements of each province.
2. To
retain the moulds of the watermark "The Republic of Turkey, the Supreme
Board of Elections" necessary for production of the special envelopes and
the dimension moulds of the moulds following production of papers and envelopes
in necessary quantities.
To
have printed integrated ballot papers bearing the watermark "The Republic
of Turkey, the Supreme Board of Elections" and which can be folded into an
envelope by gluing one of the sides with each 400 papers and each pack of 400
bearing the same number and to dispatch a pack for each ballot box to county
election boards.
To have imported or produced the special paint to mark the finger
of each voter following casting of votes and provide the paint to ballot-box on
time.
3. To
have designed and printed all kinds of papers such as forms, documents, lists,
etc. required for all procedures specified in this Law and to have the same
provided to provincial and county election boards on time and in required
quantities.
4.
(Amended by Law No. 3420 on 31.3.1988) to determine and announce, within the
second week of the months specified for re-establishment of county election
boards, the names of political parties which have convened their first congress
according to their regulations and which have established their provincial and
county organisations in at least half of the provinces not later that six
months in advance.
5. To
provide formation of provincial and county election boards, to settle any
objection to formation, procedures and resolutions of provincial election
boards, before the day of election and in such speed as required by the subject
matter of the objection.
6. To
make final decisions on objections to candidates, in accordance with this Law
and with the special laws.
7. To
examine immediately and make final decision on objections to resolutions of
provincial election boards regarding procedures to be performed on election day.
8. To
review and make final decision on objections to minutes issued by provincial
election boards .
9. To
examine and pass final resolutions on objections made after the election within
the period of time allowed, which may affect the result of the election and
require cancellation of election within the election district or cancellation
of the return(s) of one or more of candidates elected in that district
notwithstanding compliance thereof to hierarchy and times of objections made to
sub-committees.
10. To
answer immediately any question by provincial election boards with respect to
performance of electoral procedures and to take measures for performance of
elections smoothly throughout the whole country and to issue timely necessary
communiquιs with that respect.
11.
(Amended by Law No. 3420 on 31.3.1988) To participate in general and interim
elections for deputies and elections for mayor, municipal council, provincial
general council, political parties shall have to establish their organisations
in at least half of the provinces and to convene their main congress not later
than within six months or have a group in the Grand National Assembly.
Organisation
in a province shall require establishment of an organisation in at least one
third of the counties within that province including the central county. The
Supreme Board of Elections shall determine the political parties eligible for
participating in elections under the said principles and announce these parties
within ten days following the date of beginning of the election or if the
election is repeated, within five days following the publication of the
decision to repeat.
12. To
designate the principles of establishment and operation of Voter Registers
General Directorate, publish respective regulations, issue and audit programs.
13. To
perform other duties imposed thereon by the Law.
PROVINCIAL
ELECTION BOARD
Article 15 - (Amended
by Law No. 2234 on 17.5.1979) The provincial election
board shall be established within the last week of January once every two
years, by three judges of highest rank commissioned within the provincial
centre town. The judge with the highest rank shall be the chairman of the board
which shall have two alternate members appointed amongst judges. The provincial
election board so established shall take office for a period of two years.
For
the chairman and principal and alternate memberships of the board, the most
senior judge or in case of equal seniority, the oldest judge shall be
appointed.
If any
of the judges appointed as the chairman of the provincial election board and
the principal and alternate members of the said board as well as the chairman
of county election board fail to perform their duties due to any cause
whatsoever, and if the said position can not be substituted with a judge within
the same location, a judge within the jurisdiction of the criminal court of
that location shall be appointed to the said position by the related authority,
provided that resignation of the said judge from his principal office does not
create any hindrance.
Where
it is impossible to fill vacant posts with judges within the jurisdiction of
the criminal court, one of the judges within the jurisdiction of a criminal
court nearest in location, to the criminal court in question shall be
authorised to take the vacant post duly, as set forth above.
The
election board shall be presided by a member to be
elected by ballot amongst the members of the board until the judge so
authorised takes office.
DUTIES
AND POWERS .... ... .... ... ... ... ... ... .... ... ...
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Article 16 - Main
duties and powers of the chairman of the provincial election board are the
following:
1. To
take all measures and supervise election procedures to provide smooth performance
of the election within the provincial election district,
2. To
send ballot boxes and other election tools and supplies specified by the law to
county election boards,
3. To
examine and immediately resolve on objections to formation, procedures and decisions
of county election boards,
4. To
answer immediately any questions forwarded by county election boards with
respect to performance of election procedures,
5. To
receive and announce candidate declarations or lists, to examine objections
made thereon, and to decide on declarations or lists considered invalid, to
send where necessary and announce temporary and final candidate lists,
6. To
issue minutes for provincial election district by combining minutes received
from county election boards affiliated to the province,
7. To
perform other duties imposed by the Law.
REPRESENTATIVES
OF POLITICAL PARTIES
Article 17 - (Amended
by Law No. 2234 on 17.5.1979) Out of political parties having at least one
member elected for legislative councils from the list of the said political
party or political parties determined and announced by provincial election
board pursuant to the fourth paragraph of Article 14 in the last general and
interim elections for deputies those having an organisation in that province
and county shall each have a representative in provincial and county election
boards.
These
representatives shall participate in all procedures and discussions of the
board but shall not be entitled to exercise votes. However, parties not able to
participate in elections as announced by the Supreme Board of Elections
pursuant to subparagraph eleven of Article 14 or parties not participating in
election within that election district shall be deprived of their right to have
a representative in these boards.
If the
representatives of the political parties express their opinions on the matters
discussed, the board members shall, after listening to such opinions, decide
among themselves and notify their decision to the representatives.
Failure
of the representatives of political parties shall not hinder discussion of
matters.
COUNTY
ELECTION BOARD
Article 18 - (Amended
by Law No. 2234 on 17.5.1979) The county election
board shall be established in the last week of January once every two years, by
a chairman and six principal and six alternate members and shall take office
for a period of two years. The highest ranked judge within the county shall be
the chairman of the board which shall convene with the participation of its
principal members. In the absence of a principal member, the alternate member
shall be called to meeting.
In
case of several judges of equal ranks within the county, the judge with highest
seniority, or, in case of equilibrium of seniority,
the oldest judge shall preside the meetings.
Central
county election boards to be established in provincial centre towns shall be presided by the second highest ranking judge in terms of
seniority and age, after the judge to preside provincial election boards.
(Annexed
paragraph 4381 - 31.7.1998) Temporary county election boards may be established
in counties with the number of voters higher than 25,000 to perform the duties
of distributing and collecting election documents, training of the chairmen and
at least one member of ballot-box committees, obtaining results from ballot-box
committees and, after combining the results, delivering the same to county
election board to which they are affiliated. These boards shall consist of a
chairman and six board members.
These
boards shall consist of one chairman and six members and be presided by highest
rank- judges in terms of seniority and age after the judges assigned to
provincial and county election boards. Two members of the board shall be
appointed by the chairman of the board from amongst public servants. Four
members and their four alternates shall be provided from political parties
pursuant to Article 19. The procedures and principles of operation of these
boards, the counties where they shall be established and the number of the
boards as well as their term of office shall be designated by the Supreme Board
of Elections.
MEMBERS
OF COUNTY ELECTION BOARDS
Article 19 - (Amended
by Law No. 2234 on 17.5.1979) Four principal and four
alternate members of the first county election board shall be provided from
political parties. These members shall be designated as given in the follow-:
The
chairman of the county election board shall, for reestablishment of the board,
in the begin- of the times specified in the article above, notify to four
political parties having an organisation in the county and which have taken the
highest votes in that county in the last general elections, to give the names
of one principal and one alternate member for each within two days.
If the
number of political parties designated as above or giving names within the
specified period of time is less than four, the vacant memberships shall be
completed with the same method, from other political parties satisfying the
said conditions, according to the number of votes they have obtained in the
county.
Names
shall be drawn in case of equilibrium in votes.
If it
is not possible to designate all of the four principal and alternate members
despite application of the foregoing provisions, names shall be drawn amongst
political parties announced by the Supreme Board of Elections and having
organisation in that county pursuant to subparagraph four of article 14. according to. Nominees notified by the political parties
equal to the number of vacant membership as provided hereabove shall be members
to the county election board.
Vacant
membership out of those specified herein by the county election board shall be
filled according to provisions of the second paragraph.
2.
Vacant principal and alternate memberships following the other two principal
and alternate memberships the procedures mentioned in the preceding paragraph
shall be determined by drawing names amongst persons in the first eighth
standing of the list to be issued on the basis of times of service within the
county, showing government officers commissioned in the county centre and with
total time of service more than ten years, not participated in legislative
councils or local administration elections as a candidate or nominee candidate
for any political party and not registered in any political party before.
Drawing names shall be done by the chairman of the county election board before
principal members to be designated according to the provisions of the first
paragraph. The first names drawn shall be principal members and the next shall
be alternate members. This way, the alternative of each principal member shall
be determined. However, officers in the same ministry can not be assigned to
more than one principal membership, compulsory cases being reserved.
3. The
chairman of the county election board shall notify to political parties
participating in name drawing the date and time when the names shall be drawn.
Vacancies
in principal memberships within the term of office shall be filled by substitution
with the alternate member of the resigning principal member. Vacancies in
alternate members shall be filled pursuant to provisions related to election of
the resigning member according to qualifications thereof.
The
membership of representatives of parties not able to participate in elections
notified in the announcement specified in Article 14 or of parties not
participating in election within that election district shall be terminated.
Memberships so vacated shall be designated by application of the provisions of
subparagraph one with respect to parties participating in elections within that
election district and not having members in the county election board.
A
member so appointed to the vacated office in the county election board shall
complete the term of office of his predecessor.
DUTIES
AND POWERS .... ... .... ... ... ... ... ... .... ... ...
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Article 20 - Main duties and powers of county election
boards are the following:
1. To take all measures and
supervise election procedures to provide smooth performance of the election
within the county election district,
2. To
establish ballot-box committees,
3. To
send ballot boxes and other election tools and supplies specified by the law to
county election boards,
4. To
examine and immediately resolve on objections to formation, procedures and
decisions of ballot-box committees,
5. To
answer immediately any questions forwarded by chairmen of ballot-box committees
with respect to performance of election procedures,
6. To
issue minutes for county election district by combining minutes received from
ballot-box committees within the county election district and deliver the same
immediately to county election boards together with other documents related to
election procedures.
7. To
perform other duties imposed by the Law.
BALLOT
BOX COMMITTEES .... ... .... ... ... ... ... ... .... ... ...
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six principal and six alternate members. The board shall convene with the
participation of its principal members.
ELECTION
OF THE CHAIRMAN OF THE BALLOT BOX COMMITTEE
Article 22 - (Amended
by Law No. 2234 on 17.5.1979) The chairman of the ballot-box committees shall
discuss with principal members appointed to the county election board from
outside of political parties and issue a list containing a name for each of the
ballot-boxes in the election districts affiliated to the board, being well
known, respected literal persons amongst voters within or outside of the
election zone where the ballot-box shall be installed.
Each
of principal members of the board elected from political parties shall issue a
list as set forth above and submit the same to the chairman within a period of
time to be specified by the chairman of the county election board. A party
representative failing to submit a list within the specified period of time
shall be deemed to be in waiver of that right.
Chairmen
of ballot-box committees shall be determined by drawing names amongst nominees
for chairman for each ballot-box in lists to be issued as set forth above.
Provided however that, individuals who can not be a member to
parties under Political Parties Law 648 as well as village chief aldermen shall
not be chairmen of ballot-box committees in their villages.
In the
absence of the chairman of the ballot-box committees, the oldest member of the
board shall preside.
MEMBERS
OF THE BALLOT BOX COMMITTEES
Article 23 - (Amended
by Law No. 2234 on 17.5.1979) Members of the ballot-box committees shall be
designated as follows:
The
chairman of the county election board shall ask five political parties having
the highest votes in that county in the last general election for deputies,
amongst political parties existing within that election district and having an
organisation within the county, to nominate one principal member and an
alternate member for each ballot-box within five days.
If the
number of ballot-box committees members so designated
is less than five, vacant memberships shall be filled with the same method from
other political parties satisfying the same conditions, according to order of
magnitude of votes they have obtained.
In
case of equilibrium in votes names shall be drawn.
If,
despite application of the aforementioned provisions it is not possible to
designate all of the five principal and alternate members, names shall be drawn
amongst political parties participating in elections in that county and having
an organisation within the county. Persons to be notified by political parties
equal in number to the number of vacancies whose names are drawn in the order
of drawing shall be members to the ballot-box committees.
In
addition, two persons are elected by drawing names, amongst principal and
alternate members of aldermen committee and aldermen council of the village or
community where the ballot-box is located. In the order of drawing names, the
first two shall be principal members and the others alternate members. Provided
however that, in villages or communities where aldermen committees and aldermen
councils do not have members sufficient to cover the number of principal and
alternate members of ballot-box committees to be commissioned hereunder, the
vacancies shall be filled by applying the provisions set forth above to parties
which have not provided members to ballot-box committees.
The absence
of a ballot-box committees member designated as set
forth above, shall be substituted by his alternate.
Drawing
names for the chairman and members of the ballot-box committees shall be done
by the chairman of the county election board before members of the county
election board.
If
vacancies can not be filled in this way, vacancies shall be filled by the
chairman of the county election board with individuals living in the vicinity
and not having any obstacles to be commissioned in the ballot-box committees.
ESTABLISHMENT
AND TERM OF OFFICE OF BALLOT BOX COMMITTEES
Article 24 - (Amended
by Law No. 2234 on 17.5.1979) The ballot-box
committees shall be established at such date as shall be designated and
declared by the Supreme Board of Elections.
Principal
and alternate members of these boards shall take office at dates to be
designated by the Supreme Board of Elections by considering local properties of
each election district and continue to work until documents and certificates
related to counting of votes are delivered to the county election board.
CANDIDATES
AND OBSERVERS .... ... .... ... ... ... ... ... .... ... ...
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Article 25 - Political
parties and independent candidates may assign observers to supervise procedures
performed at each ballot-box.
INDIVIDUALS
NOT ELIGIBLE FOR BOARD MEMBERSHIP
Article 26 - (Amended
by Law No. 2234 on 17.5.1979) Administrative executives, municipal police
chiefs and officers individuals specified in Article 3 of the Military Criminal
Law, members of the Turkish Grand National Assembly as well as candidates shall
not be entitled to be elected for boards set forth in this Law.
According to Political Parties Law no. 648, individuals not
eligible for being a member of political parties shall not be commissioned by
political parties as member, observer or representative in these boards.
OATH .... ... .... ... ... ... ... ... .... ... ...
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Article 27 - The
chairmen, principal and alternate members of the Supreme Board of Elections,
provincial and county election boards shall take the following oath before the
board before they take office:
(I
swear on my conscious and all my sacred values that I will perform my duty to
determine the results of the election completely and correctly under the
related laws, without being influenced by and under no threat of any anybody or
anything.)
CHAPTER THREE
PROCEDURES BEFORE ELECTIONS
PART ONE
VOTER REGISTERS
ESTABLISHMENT AND DEFINITIONS
Article 28 - (Amended
by Law No. 2234 on 17.5.1979)
A)
ESTABLISHMENT
A
"Voter Registry General Directorate" has been established in
Office"
in each county both affiliated to the Supreme Board of Elections.
B)
DEFINITIONS
1. A
computer medium defining each citizen eligible to vote hereunder and containing
the domicile of that voter is called "Voter Register"
2. The
Voter Register shall be created by designing, planning, management and
performance of procedures by the Voter Registers General Directorate
established by the Supreme Board of Elections in accordance with this Law.
3.
Each of the records for and defining a voter, such as name, surname, year of
birth and place of birth is called is called "data".
4. All
data defining an individual voter are called collectively "Voter
Data".
5. The
names of the county, community and street as well as the number of the building
and apartment, if any, where a voter resides permanently constitute "Voter
Address".
6.
Every voter shall be designated and defined by Voter Register item number,
name, surname, mother's name, father's name, the county and the year in which
he/she was born.
7.
Modification, correction and completion of data contained in Voter Registers as
specified in this Law shall be called "Updating" of Voter Registers.
OBJECTIVES AND PRINCIPLES OF VOTER REGISTERS GENERAL DIRECTORATE
Article 29 - (Amended
by Law No. 2234 on 17.5.1979) The objective of operation of the Voter Registers
General Directorate is to provide gathering, classifying, storing, processing
and rendering usable, communicating to where necessary and distribution of
information to provide determination of all voting citizens completely in
accordance with laws, prevent repeated registration, provide easy, rapid and
correct voting of voters, obtain quick results of voting, prevent repeated
voting by voters, enable voters to exercise their political rights at high
level in accordance with their duties and responsibilities.
The
Voter Registers General Directorate shall perform its activities under
principles to be established by the Supreme Board of Elections in accordance
with projects, programs, reporting methods and developed techniques. The
General Director shall present to the Supreme Board of Elections weekly and
monthly activity reports complying with the program approved by the Supreme
Board of Elections.
The
principles and method of auditing of the General Directorate shall be
established and applied by the Supreme Board of Elections.
the
importance, methods of regulation of Voter Registers, the duties of voters, the
contributions and benefits of these activities on the lives of citizens and of
the state, techniques used in such activities and information related thereto
shall be publicised by the Supreme Board of Elections with continuous campaigns
covering the entire country and all citizens.
ESTABLISHMENT AND MANAGEMENT OF VOTER REGISTERS GENERAL
DIRECTORATE AND VOTER REGISTERS OFFICES
Article 30 - (Amended
by Law No. 2234 on 17.5.1979) Voter Registers General Directorate shall be
managed by a general manager to be appointed by the Supreme Board of Elections
on contract or continual basis and affiliated to the said Board; and voter
registers offices in the central county and in other counties shall be managed
by the chairman of the county election board to which they are affiliated,
under principles established in this Law.
Terms
related to organisation chart and units of the Voter Registers General
Directorate and voter registers offices, relations between units, job
definitions, powers and responsibilities, qualifications, hiring, promotion,
transfer, disciplinary procedures of employees and other personnel rights
thereof shall be regulated by a communiquι to be prepared by the General
Directorate by considering Article 31 of this Law and related provisions of the
Government Employees Law no. 657 subject to approval of the Supreme Board of
Elections.
(Amended
3 rd Paragraph 4448 on 26.8.1999) The General Director, Assistant General Director
and branch managers of Voter Registers shall be appointed under a resolution of
the Supreme Board of Elections and other employees of the Voter Registers shall
be appointed by the Chairman of the Supreme Board of Elections. Voter registers
offices employees shall be appointed by the Chairman of the Supreme Board of
Elections either upon proposition of the chairman of the county election board
or ex officio. The employees of the General Directorate may be appointed to
public organisations, whenever required, upon proposition of the authorised
body as set forth above, by the managers of such organisations authorised to
make such appointments, under the provisions of the Law no. 657.
(The
fourth and fifth Paragraphs have been abolished by Article 2 of Law no. 4448 on
26.8.1999.)
Rating
superiors of officers employed in voter registers offices shall be the chairman
of the county election board they are affiliated to. The chairman of the county
election board shall be authorised to directly implement any penalty of warning
and condemnation imposed on the said officers.(*)
The
chairman of the county election board may allow employment of voter registers
officers in justice services in that district temporarily to the extent allowed
by works.
(Annexed
Paragraph 4448 on 26.8.1999) An election manager shall exist in election
offices of counties.
(Annexed
paragraph 4381 on 31.7.1998) Public Prosecutors and territorial governors shall
be obliged to reserve sufficient space in Court Houses and City Halls for county
voter registers offices and county election boards.
AUTHORITY
TO COMMISSION PERMANENT OR TEMPORARY PERSONNEL
Article 31 - (Amended
by Law No. 2234 on 17.5.1979) The Supreme Board of Elections may, pursuant to
Government Servants Law no. 657, employ permanent, temporary or contracted
personnel in Voter Registers General Directorate and permanent or temporary
personnel in other electoral procedures.
(*)
(....) the words "chief and" in (.......) have been abolished by
Article 2 of Law no. 4448 on 26.8.1999.
Permanent,
temporary contracted personnel of the General Directorate shall be appointed
from among individuals not being a member of any political party and not being
a candidate of any political party in any election previously.
For
performance of election procedures and writing, editing, auditing and updating
of Voter Registers, the chairmen of provincial and county election boards may
commission chief aldermen, members of aldermen committees, members of aldermen
council in communities and villages; all officers, employees and servants in
government agencies, administrations with mixed budget, private
administrations, municipalities, state economic enterprises and public entities
(excluding judges, public prosecutors, provincial governors, district governors,
township governors, military officers, executive and officers of municipal
police), within principles to be established by the Supreme Board of Elections.
Other individuals considered necessary may also be employed.
RESOLUTIONS
OF THE SUPREME BOARD OF ELECTIONS BINDING
Article 32 - (Amended
by Law No. 2234 on 17.5.1979) Resolutions passed by the Supreme Board of
Elections for creation and updating of Voter Registers and submitting lists,
diagrams and other materials obtained therefrom to where necessary shall be
binding for all public organisations and officials.
The
Supreme Board of Elections shall specify the duties and powers of individuals
to be commissioned in writing and auditing, preparations for writing, the modes
of writing and auditing and the information they shall contain, the mode of
filling thereof, types of documents to be used in auditing and in interim
procedures, the principles, methods and rules for delivery and auditing.
EDITING
OF VOTER REGISTERS
Article 33 - (Amended
by Law No. 2234 on 17.5.1979) Voter Registers shall be edited once every four
years and updated by continuous fathering of data and general auditing once
every two years.
The
rules, methods and techniques of editing, continuous updating and general
auditing as well as data processing procedures of Voter Registers General
Directorate shall be designated by a communiquι to be issued by the Supreme
Board of Elections.
Voter
Registers shall be created and updated based on data gathered in writing and
auditing, court decrees defining modifications in voter data such as
modification in name, surname, age, sex, deprivation or reinstatement of voter
capacity (restriction, prohibition from public services), data showing expelled
or reinstated citizenship, as well as data on deceased citizens, change of
domicile within or outside of the election district and other documents to be
gathered in accordance with rules and methods to be established by the Supreme
Board of Elections.
PRINCIPLES
FOR REGISTRATION IN THE VOTER REGISTERS
Article 34 - (Amended
by Law No. 2234 on 17.5.1979) Basis for having voter capacity shall be the
Voter Registers.
It is
essential that Voter Registers contain the name, surname, father's name, year
of birth, county of birth, domicile address of the
voter.
(Amended
paragraph 3, 4125 - 27.10.1995) In the implementation of this Law, every
individual shall be treated according to the month and day of birth recorded in
the birth registers. However, the completion of eighteen years of age shall be
calculated on the basis of the date of election (inclusive) if election is made
in that year.
If
voter data is incomplete, the concerned voter shall not be registered in voter
registers until the data is completed.
The
rules of completion shall be established and published by the Supreme Board of
Elections.
Ballot-box
voter lists covering data of voters residing in the ballot-box zone shall be
obtained from Voter Registers.
A
voter not contained in the ballot-box voter list shall not be entitled to cast
votes.
Voters
shall be registered in Voter Registers once and not be entitled to cast more
than one vote.
Registering
of voters shall be made by visiting the voters in their domiciles by
commissioned officials.
Registry
officers shall registers only the voters present in their place during
registration. The domicile address declared by the voter shall be written down.
Registry form bearing a serial number shall be signed by voters.
REGISTRATION
OF CITIZENS RESIDING IN OTHER COUNTRIES
Article 35 - (Amended
by Law No. 2234 on 17.5.1979) Citizens residing in other countries during
registration of voters shall be registered in Voter Registers by Voter
Registers General Directorate according to rules established by the Supreme
Board of Elections.
a) Individuals
residing outside of
b)
They shall sign the form in the presence of the consul of the place where they
are affiliated to or any official to be designated by the consul. The form
shall be sealed by the consulate.
c) The
first copy of the form shall be sent by the consulate to the Supreme Board of
Elections Voter Registers General Directorate.
d) The
second copy of the form shall be retained by the consulate according to item
number.
e) The
third copy of the form shall be returned to the citizen.
f)
Last domiciles in
g)
Voter Registers General Directorate shall register the voter specified in the
forms submitted to it in Voter Registers.
GENERAL
REGISTRATION AND SUPERVISION
Article 36 - (Amended
by Law No. 2234 on 17.5.1979) In order to gather the required information,
registration shall be made on the second Sunday of April simultaneously
throughout Turkey, for editing Voter Registers once every four years and
auditing of the Registers once every two years. Supreme Board of Elections
shall, during editing and issuing the registers, apply other methods,
techniques and rules it shall specify in communiquιs in accordance with the
requirements of this Law.
On the
date of registration, no one except the registrars shall be allowed to leave
his/her location from
However,
registration and supervision procedures must be completed in any way until
County
executives of political parties to be announced by the Supreme Board of
Elections pursuant to paragraph 4 of Article 14 of this Law may assign
representatives to supervise the registrars.
The
names of representatives shall be given in a list within the period of time
specified upon request of the county election board. The representatives of
political parties whose names are notified shall perform their representation
duty with a certificate they shall obtain from the county election board. The
names in the list and their places of duty shall not be changed subsequently.
(Annexed
paragraph: KHK/572 - 30.5.1997) Any disability of a voter to prevent the voter
from casting his/her vote shall be noted on the form during registration of
voters.
SOURCES
OF INFORMATION TAKEN AS BASIS FOR REGISTRATION
Article 37 - (Amended
by Law No. 2234 on 17.5.1979) Official documents shall be taken as basis in
determination of information to be written on forms during editing of Voter
Registers.
Sketches
and schedules issued according to Article 38 shall be utilised during editing.
The
records of chief aldermen and building managers shall be utilised in
determining permanent domicile of voters.
COMMUNITY
SKETCH AND LIST OF BUILDINGS
Article 38 - (Amended
by Law No. 2234 on 17.5.1979) Municipalities in cities and towns shall issue a
"Community Sketch" for each community, once every two years under the
supervision of the chairman of the county election board.
A) The
sketch shall show
1. the boundaries of the community and the names of streets
within these boundaries and the number of buildings at the beginning and end of
each street.
2. If
the community consists of scattered buildings not organised in orderly streets,
the scattered buildings shall be shown legibly together with their numbers.
B) A
list of buildings shall be issued to substitute a sketch in villages and in
cities and towns which do not allow issuance of a sketch.
The
list of buildings shall be made by municipalities in cities and towns under the
supervision of the chairman of the county election board and by chief aldermen
in villages.
C) If
there are places within a community where people reside but lacking a number,
such places shall be numbered.
The
List of Buildings in subparagraph B above and the procedure of numbering
unnumbered places as given in subparagraph C shall be made according to
principles of Numbering Regulation of the General Directorate of Statistics.
The
community sketch and the list of buildings shall be issued to indicate the
situation at year end.
A
certified copy of each of the community sketch or building list issued pursuant
to the paragraph above, shall be given by the chairman of the county election
board once every two years to county organisations of political parties
announced according to paragraph 4 of Article 14, against a document evidencing
receipt, in a month to be designated by the Supreme Board of Elections.
COMMUNITY
PUBLICLY DISPLAYED VOTERS LISTS
Article 39 - (Amended
by Law No. 2234 on 17.5.1979) A list issued in alphabetical order of surnames
of voters residing within the same community according to addresses written in
Voter Registers and containing voter data including Vote Registers number, name
and surname, mother and father name, year of birth, place of birth and address
of voters registered in the Voter Registers for correcting the errors and
completing deficiencies in Voter Registers is called "Community Publicly
Displayed Voters Lists".
Community
Publicly Displayed Voters Lists shall be extracted from Voter Registers based
on existing final data at the end of each year.
Community
Publicly Displayed Voters List shall be sent, in March of every year,
1. a) in two copies to the community to which it belongs,
b) in one copy to the county organisations of political parties
announced pursuant to paragraph 4 of Article 14,
c) in two copies to county election boards for use in the
procedures of the county election boards,
2. in
one copy to provincial election boards for use in related procedures.
TIME
AND DURATION OF DISPLAY...
... ... .... ... ... ... ... ... .... ... ... ... ... ... ..
Article 40 - (Amended
by Law No. 2234 on 17.5.1979) Community Publicly Displayed Voters List shall be
exhibited on first Monday of April every year and exhibited for a period of two
weeks.
Community
Publicly Displayed Voters Lists shall be posted in communities or villages
where they belong, at such place as shall be simply seen and read by the
inhabitants of the community or the village. The dates and places of publicly
display of the said lists shall, together with a schedule showing the
ballot-box zones into which the election districts are divided, be announced
through local newspapers and also through usual ways and means of communication.
The
manner of announcement of the dates and places of display of the said lists
shall be determined by minutes to be issued by persons commissioned by the
chairman of the county election board. The date of termination of publicly
display shall be determined by a separate minute. These minutes shall be
retained by the chairman of the county election board in a separate file.
The
chairman of the county election board shall immediately notify to the
territorial governor in writing, the date and place of publicly display of the
said lists.
Administrative
executives and the managers and officers of the police organisation shall be
responsible for protection of the Community Publicly Displayed Voters Lists.
The
chairman of the county election board shall, during the period of publicly
display of the lists and by considering the number of voters in the community,
take all measures to facilitate voters search their names in the lists. The
chairman of the county election board shall provide that the chief alderman or
one of the members of the aldermen committee or any person commissioned for
this purpose attends at the place of publicly display during certain hours
considered appropriate for applications and shall announce the case at the
place of publicly display.
DUPLICATION
....... .... ... ... ...
... ... .... ... ...
Article 41 - (Amended
by Law No. 2234 on 17.5.1979) Two separate information
specifying the same name and surname, mother and father name, place and year of
birth in Voter Register shall define one and the same voter.
In
this case, Supreme Board of Elections Voter Registers General Directorate shall
keep the voter data with higher item number in the Voter Register and transfers
the other to the duplicate data list.
The
duplicate data shall be stored in the Duplicate Data List for a period of two
years.
If, in the voter data given in
the Exhibited List;
a) the name and surname is the
same but one or more of the other data including father name, mother name, year
of birth, county of birth is different,
b) One
or more of the letters in the name and surname and one of the data specified in
paragraph (a) is different,
c) the name and surname is the same, and an extra name exists
in the duplicate data, the data specified in paragraph (a) are the same or one
of the data is different,
d) the address is different and one or two of the data
specified in paragraph (a) is different,
e) or other situations to be determined by the Supreme Board of
Elections the chairman of the county election board shall, upon objection or ex
officio, decide whether the data defines one or more voters. The decision shall
be notified to the Supreme Board of Elections Voter Registers General
Directorate for processing.
BALLOT-BOX
PUBLICLY DISPLAYED LIST
Article 42 - (Amended
by Law No. 2234 on 17.5.1979) Ballot-box zone publicly displayed voters list
shall be extracted from the register following inclusion into the Voter
Registers, the resolutions which shall be recorded in Voter Registers pursuant
to Article 12 hereof.
The ballot-box
zone publicly displayed voters lists shall contain the data in ballot-box voter
lists specified in Article 43 in the same order.
This
list shall be sent to chairmen of provincial and county election boards. The
chairmen of county election boards deliver a copy of the said list to district
executives of political parties announced pursuant to paragraph 4 of Article 14
hereof.
BALLOT
BOX VOTER LIST
Article 43 - (Amended
by Law No. 2234 on 17.5.1979) A list issued in alphabetical order of surnames
of voters residing within the same ballot-box zone according to addresses
written in Voter Registers and containing voter data including Vote Registers
number, name and surname, mother and father name, year of birth, place of birth
and address of voters registered in the Voter Registers for correcting the
errors and completing deficiencies in Voter Registers is called the
"Ballot-box Voter List". The names of the province, county and
community which the list pertains to, as well as the ballot-box number and the
period of validity shall be noted on each page of the ballot-box voter list.
The copies to be given to the ballot-box committee shall also contain columns
necessary for procedures to be performed at the ballot box.
Ballot-box
voter lists shall be issued based on data finalised in Voter Registers 120 days
in advance of the election day.
30
days in advance of the day of voting, the ballot-box voter list shall be sent
to related election boards for delivery,
1. a) in two copies to chairmen of ballot-box committees for
each ballot-box,
b) in one copy to county chair persons of political parties
participating in the election, 20 days in advance of the day of voting,
c) in one copy to the related community alderman's office, 20
days in advance of the day of voting,
2. in
two copies to related county election boards for use in County Election Board
procedures,
3. in one copy to related provincial election boards for use in
respective procedures.
Ballot-box
voter lists in chief alderman's offices may be examined by voters at any time.
Chief
aldermen shall, within working hours between the date falling on the 10 th day
prior to elections and until 17:00 hours on the day of voting, be obliged to
answer the questions of voters regarding ballot-box numbers, locations of
ballot-boxes and voting, distribute the publications of election boards, post
up and distribute banners, signs and similar materials to be prepared by
election boards to enable voters cast their votes easily and correctly and
assist any official commissioned by election boards with that respect.
VOTER
INFORMATION PAPERS
Article 44 - (Amended
by Law No. 2234 on 17.5.1979) A voter information paper shall be issued for
each voter registered in the Voter Registers to inform voters on the election
zone and the number of ballot-box where the voter shall cast his/he vote, voter
item number and other information and these voter information papers shall be
sent or distributed according to principles to be set forth by the Supreme
Board of Elections depending on the nature of election districts. Voter
information papers shall never be used as an evidence of identity and this
shall strictly be stated on voter information papers.
VOTER
REGISTERS PROVINCIAL AND
Article 45 - (Amended
by Law No. 2234 on 17.5.1979) Information on voters registered in Voter
Registers shall be sent in one copy to each of provincial and county election
boards in the form of lists classified according to provinces and counties
where voters reside.
The
lists pertaining to last two years shall be made available for inspection of
board members.
The
rules and methods of issuing and storing the said lists shall be established by
the Supreme Board of Elections.
The
Supreme Board of Elections Voter Registers General Directorate shall designate
the rules and times for issuance and examination of lists issued on the basis
of surnames of voters in alphabetical order and Voter Register item number at
country, province and county level.
DISCUSSION
OF ACTIVITIES ..........
... ... ... .... ... ... ... ... ... .... ... ... ... ..
Article 46 - (Amended
by Law No. 2234 on 17.5.1979) The report of the Voter Registers General
Directorate providing information on the program, design, results obtained,
communiquιs issued and all applications shall be discussed in a meeting
attended by a representative of each of the political parties announced
pursuant to paragraph 4 of Article 14, the members of the Supreme Board of
Elections, Voter Registers General Director and three employees considered
necessary presided by the Chairman of the Supreme Board of Elections.
The
date of meeting, to be held quarterly, shall be determined by the Chairman of
the Supreme Board of Elections. The meeting shall be opened by appearance of
participants at the date and time specified. These meetings shall aim to inform
the participants on activities and not to pass resolutions.
The
meeting shall be closed to anyone other then those specified above. The
abstract of the discussions shall be sent by the Supreme Board of Elections to
participants within the following.
The
rules of convention and discussion shall be established by the Supreme Board of
Elections and notified to participants.
KEEPING
AND DELIVERING THE VOTER REGISTERS TO WHOM IT MAY CONCERN (*)
Article 47 - (Amended
by Law No. 2234 on 17.5.1979) The Supreme Board of Elections Voter Registers
General Directorate shall deliver to the Chairman of the Supreme Board of
Elections the Voter Registers and a copy of the list obtained from the Voter
Registers as of the end of each year.
Copies
of Voter Registers shall be retained by the Voter Registers General
Directorate.
The
rules for keeping and examining the Voter Registers delivered to the Chairman
of the Supreme Board of Elections shall be established and published by the
Supreme Board of Elections.
(Annexed
Paragraph: 4609 - 29.11.2000) If voter registers are requested by the head
offices of political parties eligible to participate in the election or by
authorised heads of provincial or county organisations, the same shall be
delivered to the party requesting it in computer medium or in the form of a
list, against a signature of acknowledgement provided that such request shall
not take place for more than twice within an election period and the expenses
determined by the Supreme Board of Elections deposited in the related fiscal
authority and the receipt is presented. The method and rules of utilising the
information in the Voter Registers General Directorate by other government
agencies shall be established by the law.
DISTRIBUTION
OF VOTER CARDS
Article 48 - (Abolished
by Article 5 of Law no. 2234 dated May 17 th 1979.)
PART TWO
ELECTIONEERING ACTIVITIES
FREEDOM AND PERIOD OF ELECTIONEERING ACTIVITIES
Article 49 - (Amended
by Law No. 356 on 25.8.1961) Electioneering activities shall be free under the
provisions of this Law.
(Amended
Paragraph: 3403 - 10.9.1987) Electioneering activities shall commence on the
morning of the tenth day in advance of the election day
and terminate at
ELECTIONEERING
ACTIVITIES IN PUBLIC PLACES
Article 50 - Collective
verbal electioneering is forbidden, during the period of election, on public
ways, in temples, in public service buildings and facilities, and in arenas and
squares other than those specified by county election boards.
County
election boards shall determine the squares where collective verbal
electioneering can be made by selecting places where meetings are held without
interfering with the traffic and preventing operation of market places and
preferentially the places having electrical installation.
Upon
application of political parties for collective verbal electioneering, the
county election board shall determine the square, date, order and time of the
meeting by drawing names and notify it to whom it may concern.
A day of the week shall be reserved for independent candidates under identical
conditions.
It is
forbidden to make collective verbal electioneering in public places from sunset
until sunrise.
(*)
The heading of the Article was amended as above by Article 1 of Law no. 4609 on
29.11.2000.
INDOOR
ELECTIONEERING ACTIVITIES .... ... .... ... ... ... ... ... .... ... ... ... ... ... .... ...
... ...
Article 51 - Meetings
may be held in closed spaces in the name of political parties or independent
parties participating in elections.
Parties
or individuals wishing to organise a meeting in closed spaces shall establish a
committee consisting of three members and inform nearest police executive or
officer of its intention. In villages, informing the alderman or his deputy
shall be satisfactory.
The
committee shall be obliged to maintain the order of the meeting and to prevent
any act contrary to laws, customs and traditions and any behaviour soliciting
any offence or criminal act.
In
case of occurrence any event mentioned above, the Committee shall take all
steps to prevent it and call the police if necessary.
The
committee may determine or limit persons to deliver a speech in the meeting.
Speeches
delivered in such meetings may be broadcast through loud speakers, provided
that the provisions of Article 56 are reserved.
Meetings
in closed spaces shall never be intervened by the
executives or officers of anysecurity force or the alderman or aldermen council
unless requested by the committee managing the meeting or decided by authorised
election boards.
Indoor
meetings shall be prohibited in temples, schools, military barracks, military
headquarters, military units, buildings and facilities as well as in other
places where public services are rendered.
ELECTIONEERING
ACTIVITIES THROUGH RADIO AND TELEVISION
Article 52 - (Amended
by Law No. 2234 on 17.5.1979) (Amended Paragraph One: 2839 -10.6.1983)
Political
parties which take part in the election may conduct electioneering activities
on radio and television after the 7 th day in advance of the election day until
18:00 hours on the day before the election day, provided that the provisions in
private laws are reserved.
(Amended
Paragraph 2: 3377 - 23.5.1987) Political parties shall be given the following
electioneering rights: a) two speeches not more than 10 minutes on the first 10
days and the last day to explain their programs and projects, b) an additional
10 minute for political parties having a group in the Grand National Assembly,
c) (Amended: 4125 - 27.10.1995) an additional electioneering time of 20 minutes
for the party having the political power or the larger one of the parties
sharing the power and additional 15 minutes for other parties holding the
power, d) (abolished under the Decree of the Constitutional Court No. E.1987/3,
K.1987/13 dated 22.5.1987.)
Political
parties may also conduct visualised electioneering activities provided that the
time used for such activities does not exceed half of electioneering times.
Visualised electioneering shall be prepared by producers other than TRT
(Turkish Radio & Television Institution). Visualised electioneering is for
explaining the activities which have been and will be performed by political parties.
Such electioneering shall not include any image to constitute an offence. Such
electioneering of political parties shall not be less than two minutes at a
time nor shall its total time within a day be more than ten minutes. Political
parties may exercise their visualised electioneering rights in more than one
channel of TRT.
The
Supreme Board of Elections shall determine the period of time in which the
images shall be delivered to TRT and the times of broadcast of such
electioneering by TRT depending on the availability of TRT. If such images
contain a matter constituting an offence, the Supreme Board of Elections shall
not allow the images be broadcast.
Political
parties shall, in their first speeches through the radio and television make
their election declarations.
Speeches
shall be broadcast simultaneously through all radio and television stations in
The
day and time of electioneering speeches through radio and television and the
parties to deliver speech shall be announced in advance through news programs
by Turkish Radio and Television.
(Amended
Paragraph 6: 2839 - 10.6.1983) The Supreme Board of Elections and Turkish Radio
and Television shall provide that electioneering through radio and television
shall be made equitably and impartially.
(Amended
Paragraph 7: 3270 - 28.3.1986) In speeches to be delivered through television
on behalf of political parties participating in the election (except as stated
in subparagraph (d) of Article 2) as set forth above, no image shall be
broadcast except the Turkish flag, the emblem of the political party posted in
such size as shall be determined by the Supreme Board of Elections and the
spokesman who shall be obliged to wear a jacket and necktie if male, or a
tailleur if female.(*)
(Last
paragraph amended: 3377 - 23.5.1967) (abolished by
Article 2 of Law no. 3403 on September 10 th 1987.)
(Annexed
paragraph: 4125 - 27.10.1995) Propaganda speeches of political parties in
private radios and televisions shall be made according to principles and
procedures applied in TRT.
The
broadcasts shall be regulated and audited by the Supreme Board of Elections for
radios and televisions at national level and by Provincial Election Boards for
local radios and televisions. No electioneering speeches shall be broadcast in
any other way contradicting with the conditions specified above. Any party
acting in contrary shall be subject to provisions of Article 151/2 the Law for
Basic Provisions on Elections and Voter Registers No. 298.
APPLICATION .... ... .... ... ... ... ... ... .... ... ...
... ... ... .... ... ... ... ... ... .... ... ... ... ... .... ... ... ... ...
..
Article 53 - (Amended
by Law No. 2234 on 17.5.1979) The head offices of
political parties participating in the election shall notify the Supreme Board
of Elections until the evening of the twenty-first day in advance of the
election day in writing, of their intention to make electioneering on radio and
television.
DETERMINATION
OF BROADCAST TIME
Article 54 - (Amended
by Law No. 2234 on 17.5.1979) The Supreme Board of Elections shall determine
the time and order of broadcast amongst parties applying for radio and
television broadcast, by drawing names before a representative of each of the
said parties and the representatives of Turkish Radio Television. The drawing
of names shall be performed at least twenty days in advance of the election day. The hour at which the radio and television
broadcast shall begin shall be decided by the Supreme Board of Elections by
considering the number of the parties and the best possibilities of listening.
Radio and television broadcasts shall continue not later than until 22.00 hrs.
RECORDING
OF RADIO AND TELEVISION SPEECHES
Article
55 - (Amended by Law No.
2234 on 17.5.1979) Speeches to be delivered on radio and television on behalf
of political parties shall be recorded by a sound and image recording equipment
before a board member to be commissioned by the Supreme Board of Elections
either before or during the broadcast as wished by the political party on
behalf of which the speech shall be delivered. The commissioned board member
and at least two officers of Turkish Radio Television shall issue minutes
showing in the name of which party and by whom the speech was delivered. The
band and other equipment of recording hall be retained
by the Supreme Board of Elections.
These
shall be presented as evidence if the speeches constitute a dispute or if
requested by officials. Penalties imposed by the law on persons delivering
speeches which constitute an offence shall be applied by increasing the
penalties one or two fold.
BROADCASTING
THROUGH PRIVATE RADIOS AND TELEVISIONS
Article 55 - (Annexed:
3959 - 28.12.1993) Broadcasts made by private radios and televisions from the
date of beginning of elections until the date of voting shall be subject to
Articles 5, 20, 22 and 23 of Turkish Radio and Television Law No. 2954 and of
Paragraph 2 of Article 31 of the same Law.
The
Supreme Board of Elections shall be responsible for and authorised to define
the principles of broadcasting by private radios and televisions according to
the provisions of the preceding paragraph.
The
Supreme Board of Elections shall be responsible for and authorised in
supervising, auditing and evaluating the conformity of broadcasts to principles
set forth above by private radios and televisions broadcasting throughout
Objections
may be lodged to provincial election boards within 24 hours against decisions
of county election boards. The decision of the provincial election board shall
be final.
The
Supreme Board of Elections shall be authorised to describe the private radios
and televisions broadcasting throughout
(*)
The statement given in (...) the first paragraph of Paragraph 7 of Article 52
was abolished by the decree no. E.1987/3, K.1987/13 of the
(**)
Applicable only for the next general local election pursuant to Temporary
Article 1 of Law no. 3959 dated December 28 th 1993.
ELECTIONEERING
THROUGH LOUD SPEAKERS
Article 56 - (Amended
by Law No. 2234 on 17.5.1979) Propaganda through loud speakers shall be allowed
provided that public piece and comfort is not disturbed and the provisions of the last paragraph of Article 50 is adhered
to. Provided however that, electioneering through loud speakers shall not be
allowed concomitantly with an outdoor or indoor electioneering meeting of
another party or independent candidate in such manner as heard in and
disturbing the area or building where the indoor or outdoor meeting is held.
County
election boards shall be authorised to determine the place, time and other
conditions of electioneering through loud speakers either on its own initiative
or upon request of political parties, by considering the properties of the
location.
Political
parties may, if they wish, utilise municipal public announcement system against
charge, according to a program to be established by the county election board.
HANDOUTS ....
Article 57 - (Amended
by Law No. 2234 on 17.5.1979) Political parties, independent candidates
participating in elections shall be free to hand out brochures and all kinds of
printed matter. However, it is forbidden to distribute, glue, post up or sell
handouts, declarations, communiquιs, open letters and all kinds of printed
matter which has the nature of electioneering after
RESTRICTIONS
RELATED TO ELECTIONEERING PUBLICATIONS
Article 58 - (Amended
by Law No. 2234 on 17.5.1979) It is strictly forbidden
to print Turkish flag and religious statements on handouts and all kinds of
printed matter used forelectioneering purposes. It is strictly forbidden to use
any language other than Turkish in electioneering broadcasts on radio and
television, and in other electioneering.
EXEMPTION .... ... .... ... ... ... ... ... .... ... ...
... ... ... .... ... ... ... ... ... .... ... ... ... ... .... ... ... ... ...
..
Article 59 - (Amended
by Law No. 2234 on 17.5.1979) Printed matter in the form of handouts used for
electioneering purposes shall be exempted from all kinds of duties and charges
from commencement of election until expiration of electioneering period.
PROHIBITION
ON ELECTIONEERING BY WALL BULLETINS AND POSTERS
Article 60 - (Amended
by Law No. 3959 on 28.12.1993) Posters, bulletins as well as party flags of all
sizes, electioneering flags and similar materials used for electioneering
purposes shall be posted up at places shown by county election boards in
cities, towns and sub-districts.
This
shall not apply to posters, flags, emblems and similar materials used in party
headquarters, provincial, county, town buildings, indoors, party vehicles,
private vehicles of candidates, convoys, meetings, meeting areas, covered
sports facilities on meeting days.
The
order of such places shall be determined by county election boards in cities
and towns, according to the standing on the integrated voting papers for
political parties and by drawing names for independent candidates.
Drawing
names for independent candidates shall be made before the applying candidates
or representatives thereof, until the end of the twentieth day in advance of
the election day.
None
of the political parties or independent candidates can post bulletins, flags or
emblems before the date specified in paragraph 4.
PROHIBITION
OF POSTING ON OTHER PLACES, PUBLIC POLLS AND DISTRIBUTION OF GIFTS (*)
Article 61 - (3959
- 28.12.1993) It is forbidden to post up, attach or exhibit party emblems,
posters, electioneering flags and bulletins at any place other than allowed
under the preceding Article.
Party
emblems, posters, electioneering flags and bulletins posted, attached or
exhibited at places other than those allowed shall be removed under a
respective resolution of the county election board and expenses incurred for
such removal shall be paid by political parties or independent candidates to
whom the emblems, posters, electioneering flags and bulletins belong.(**)
(Annexed
paragraph: 4125 - 27.10.1995)
It is
forbidden, in general elections for deputies, to make statements, after the
date of beginning of election, in favour of or against a political party or
candidate or in a manner to influence the votes of citizens in any way
howsoever, through written, verbal, visual press and media as well as various
means of publication or to make public polls, questionnaires, estimations,
through information and communication telephones, under any name, including
mini referendum; and the parties are forbidden from distributing gifts and
give-aways other than promotional brochures and handouts, or have the same
distributed through third parties or organisations. The provisions of other
laws in contrary to this paragraph shall not apply.
(*)
The heading of the Article was amended as above by Article 5 of Law no. 4125 on
October 27 th 1995.
(**)
Article 61 was abolished by Article 5 of Law no. 2234 on May 17 th 1979 and was
reorganised by Article 4 of Law no. 3959 on December 28 th 1993.
DISTRIBUTION
OF PRINTED MATERIALS
Article 62 - Persons
to distribute printed materials in the form of handouts must be eligible to vote.
Persons
employed as officer or servant in government agencies, administrations with
mixed budget, provincial private administrations, municipalities and all
offices and establishments affiliated thereto, state economic enterprises and
establishments and partnerships as well as in other public organisations
thereof shall not be entitled to distribute handouts.
ACTS
FORBIDDEN DURING THE PERIOD OF ELECTION
Article 63 - Officers
mentioned in Article 62 and associations operating for public benefit as well
as officers and employees employed therein shall be obliged to be impartial
during elections.
Provided
that the prohibitive provisions of Law no. 5830 are reserved, the persons
specified above shall, during elections, not be entitled to:
a) provide grants, donations and assistance to political
parties or independent candidates under any name whatsoever;
b) have their officers and servants as well as all of their
equipment, supplies and facilities used for the benefit and under the order of
a political party or an independent candidate or have the same operated in any
political activity.
Persons
specified in the first paragraph and organisations subject to Banks Law shall
be prohibited from making any publication in favour of or against a political
party or an independent candidate or in a manner to influence the votes of
citizens.
Also
all books, brochures, posters and similar publications printed and published
before and having the nature as set forth above shall be subject to these
provisions.
RESTRICTIONS
ON CEREMONIES
Article 64 - (Amended
by Law No. 3330 on 19.2.1987) During the period elapsing between the date of
beginning of electioneering until the day following the election day, it is
forbidden to organise ceremonies, deliver speeches, make declarations related
to works and services performed from resources of all offices, agencies,
organisations and establishments specified in Article 62 as well as
institutions subject to Banks Law (including opening and foundation laying
ceremonies) and make publications through any and all means with respect to
said works and services.
(Prohibitions
specified in this paragraph shall be limited with the election district for
interim elections)(*)
RESTRICTIONS
ON THE PRIME MINISTER AND MINISTERS
Article 65 - (Amended
Paragraph 1: 3330 - 19.2.1987) During the period elapsing between the date of
beginning of electioneering until the day following the election day, the Prime
Minister, Ministers and Deputies shall not be entitled to make electioneering
tours throughout Turkey with their official vehicles or with vehicles assigned
to public service. In their travels for electioneering purposes, ceremonies for
welcoming or seeing off the Prime Minister, Ministers and Deputies or other ceremonies
shall not be performed and no official banquette shall be given.
During
the period specified above, the Prime Minister and Ministers shall be bound by
the provisions hereof in their activities and speeches related to elections.
OFFICERS
PROHIBITED FROM PARTICIPATING IN
Article 66 - (Amended
by Law No. 3330 on 19.2.1987) During the period elapsing between the date of
beginning of electioneering until the day following the election day, no
government officers shall be entitled to be made by the Prime Minister,
Ministers and candidates for electioneering purposes.
PART THREE
TOOLS
PROVISION OF TOOLS
... ... .... ....
Article 67 - Chairmen of election boards shall be
obliged to provide regularly all tools and money necessary for the election and
send the same to where required.
Upon
orders of the chairmen of boards, police and security forces, municipalities
and community aldermen shall be obliged to provide necessary assistance with
that respect.
VOTING
TOOLS AND DELIVERY THEREOF
Article 68 - (Amended
by Law No. 2234 on 17.5.1979) The Supreme Board of Elections shall timely send
to provincial and county election boards, the seals of provincial, county and
ballot-box committees, voter marker paints and stamping pads as well as all
kinds of stationary and supplies which can not be provided locally and specify
which materials shall be delivered to chairmen of the said boards for that
election.
The
chairman of provincial election board shall, at least ten days in advance of
the election day provide to county election boards and
the chairman of county election boards shall, at least 48 hours in advance of
the election day, provide to ballot-box committees of materials necessary for
that election, out of those listed below.
(*)
The last sentence of Article 64 in (....) was abolished and nullified by Decree
no. E.1987/6, K.1987/14 of the Constitutional Court issued on 22.5.1987.
1. A
numbered seal inserted in a sealed cloth bag for each ballot-box within the
election district (Minutes shall be issued to show which numbered seal is
delivered to which ballot box.)
2. An
approved list of candidates equal in quantity to the total number of closed
voting booths to be provided in each election district and the sign specified
in Article 76,
3. A
pack sealed by the seal of the county election board and containing envelopes
in which ballot papers shall be inserted,
4.
Ballot boxes,
5.
Stamping pads and ink equal to the number of ballot-boxes,
6.
Certified minutes book conforming to the sample, equal in quantity to the
number of ballot-boxes,
7.
Printed vote count schedules conforming to the sample.
8.
Printed minutes papers conforming to the sample,
9.
Empty bags equal in quantity to the number of ballot-boxes,
10. Copy pencils in sufficient quantity,
11.
Materials for building a voting place, if necessary,
12. Within that election district, a sufficient number of white
blank papers and other necessary supplies, depending on the nature of the
election,
13.
Two copies of ballot-box voter list with each page sealed by the county
election board and bearing a certification statement on last page,
14.
Ballot papers delivered to the chairman of the county election board to be
placed by the parties in voting booths,
15.
Ballot papers for each independent candidate, bearing the name and surname only
of that independent candidate, delivered to the chairman of the county election
board,
16.
Package containing integrated ballot papers, as sealed and numbered by county
election board,
17.
"Yes" seal for each ballot-box,
18.
Special marking ink and stamping pad to mark voters who cast their votes.
MINUTES
BOOK... ... .... ... ...
... ... ... .... ... ... ... ... ... .... ... ...
Article 69 - Each
board shall have a minutes book. Provincial election
boards shall certify their own books, county election
boards shall certify their books and the books of ballot-box committees by
numbering and stamping the pages thereof.
Procedures
and decisions of the boards shall be written down in these books and signed by
board members.
CHAPTER FOUR
PROCEDURES TO BE PERFORMED ON THE VOTING DAY
PART ONE
PROCEDURES TO BE PERFOMED IN BALLOT BOX ZONES
OATH
Article 70 - The
chairmen and members of the ballot-box committee shall take the following oath
before the committee and other attendants, before they initiate procedures:
(I
swear on my conscious and all my sacred values that I will perform my duty to
determine the results of the election completely and correctly under the
related laws, without being influenced by and under no threat of any anybody or
anything.)
DUTIES
AND POWERS
Article 71 - Main
duties and powers of ballot-box committees are the following:
1. To
take necessary measures within the ballot-box zone for smooth performance of
voting procedures, conduct and audit voting procedures,
2. To
determine the location of the ballot-box within the ballot-box zone and put up
signs at street corners prominently or announce the location through usual
ways,
3. To
examine and decide on objections to voting procedures and register and
undersign the decisions in the minutes book,
4. To
send to the county election board immediately any contested decision,
5. To
count ballot papers inserted in the box under principles set forth herein, to
issue lists thereof and send the same immediately to county election board
together with other documents related to election procedures,
6. To
perform other duties imposed by the law.
OBSERVERS... ... ....
Article 72 - The
observers and candidates of political parties as well as independent candidates
and their observers may attend to observe ballot-box procedures. If the number
of observers of independent candidates is more than three, the chairman of the
ballot-box committee shall draw a name amongst the said observers. The first
three observers drawn shall be left by the ballot-box The
other observers may remain in the ballot-box area.
PROVIDING
MAJORITY IN THE COMMITTEE
Article 73 - If
one or more of political party members fail to perform their duties, before
voting begins or during voting, the member(s) shall be substituted by an
alternate member of the concerned political party or parties, provided that
penal provisions are reserved. If this is not possible and the number of committee
members is reduced to less than three, this fact shall be registered and the
missing members shall be appointed by the chairman amongst literate persons
eligible for voting in that ballot-box zone.
THE
LOCATION OF BALLOT-BOXES
Article 74 - (Amended
by Law No. 4381 on - 31.7.1998) The ballot-box
committee The ballot-box committee shall determine the locations of
ballot-boxes and the measures to be taken to complete voting on time under the
supervision of county election boards. It is considered, in determining the
locations of ballot-boxes, that voters cast their votes simply, freely and
confidentially. Measures shall be taken to provide disabled voters to cast
their votes easily. Ballot boxes shall be placed in public places such as
appropriate parts of school yards (including private schools and private
courses) and rooms, and, if not sufficient, to other places to be hired for
that purpose, such as cafes, restaurants, etc. Ballot-boxes shall not be placed
in military barracks, headquarters and other military buildings and facilities
as well as in police stations, party buildings, community chief alderman
offices. The principles applicable for duties of building executives in
buildings where more than three ballot-boxes are placed shall be designated by the
Supreme Board of Elections.
VOTING
BOOTHS .... ... .... ... ... ... ... ... .... ... ...
... ... ... .... ... ... ... ... ... .... ... ... ... ... .... ... ... ... ...
.. .... ... ... ... ... ... .... ... ... ... ... ... .... ... ... ... ... ...
.... ... ... ... ... ... .... ... ... ... ... ... ... ... ... ... ... ... ....
... ... ... ... .... ... ... ... ... ... .... ... ... ... ... ... .... ... ...
... ... ... .... ... ...
Article 75 - (Amended
by Law No. 2234 on 17.5.1979) Ballot-box committee shall prepare a sufficient
number of voting booths to provide freedom and confidentiality of voting.
Voters
shall be required to fold the ballot paper, stick the glued edge or, in
elections where envelopes are used, insert the paper in an envelope without
assistance of any other person.
PROPERTIES
OF VOTING BOOTH
Article 76 - Voting
booths shall have a form not enabling other people to see inside and allowing
voters to examine and fold the ballot paper freely.
Candidate
lists and the printed wording of this law related to voting freedom and
confidentiality shall be posted up as a sign in voting booths.
A
table or a similar object shall be provided in voting booths.
SEALING
OF BALLOT BOXES, COMBINED BALLOT PAPERS AND ENVELOPES
Article 77 - (Amended
by Law No. 2234 on 17.5.1979) The chairman of the ballot-box committee shall,
prior to initiating voting procedures, check whether the ballot-box is empty in
the presence of ballot-box committee members and observers, close the
ballot-box and seal the box so that the box can not be opened without breaking
the seal.
In
elections where integrated ballot papers are used (integrated ballot papers
formed into an envelope by folding and sealing the glued edge) shall be
regarded an envelope where the term 'envelope' is used in the wording of this
Law.
Provided however that, provisions related to double sealing of
envelopes shall not apply for integrated ballot papers.
The
ballot-box committee shall, following completion of procedures including taking
oath, placement of ballot-boxes, organising voting booths, count integrated
ballot papers in the presence of attendants, stamp the seal of the ballot-box
committee on each of the papers and consequently determine the number of
integrated ballot papers bearing the seal of the ballot-box committee. In
elections where combined ballot papers are not used, the chairman of the
ballot-box committee shall count the special envelopes received from the
chairman of the county election board and bearing the seal of the county
election board and stamp the seal of the ballot-box committee on each envelope
and consequently, determine the number of special envelopes bearing two stamps,
one being the stamp of the county election board and the other being the seal
of the ballot-box committee.
The
ballot-box committee shall write down these procedures performed hereunder in
and sign the minutes book.
COMBINED
BALLOT PAPER .... ... .... ... ... ... ... ... .... ... ...
... ... ... .... ... ... ... ... ... .... ... ... ... ... .... ... ... ... ...
.. .... ... ... ... ... ... .... ... ... ...... ... ... .... ... ... ... ...
... .... ... ... .
Article 78 - (Amended
by Law No. 2234 on 17.5.1979) Special signs to be used by independent
candidates on the combined ballot papers shall be notified to the Supreme Board
of Elections not later than fifteen days in advance of the date of initiation
of elections.
Special
signs not notified within the specified period or contrary to basic principles
of the Constitution shall not be used.
If
special signs resemble each other, the first one notified shall be accepted and
the other rejected.
The
independent candidates shall be notified of the rejection within two days. If
the concerned independent candidates fail to provide a new sign within three
days, or the new sign provided still resembles a sign presented before or the
special signs of political parties participating in the election, then the
independent candidate in question shall not be able to use the said sign.
Special
signs and similar identifications of a political party accepted by the said
party pursuant to provisions of Law no. 2596, shall
not be used by other political parties and independent candidates.
The
foregoing provisions related to special signs to be used by independent
candidates shall apply for special signs of political parties.
(Paragraph 6 was abolished by Article 10 of Law no. 3959 dated
December 28 th 1993.)
PART TWO
PROHIBITIONS AND ORDER IN BALLOT BOX AREA
PROHIBITION ON ALCOHOLIC DRINKS AND CARRYING ARMS
Article 79 -
On the
day of voting, all public entertainment places shall remain closed during the
time of voting. In restaurants only meals shall be served.
On the
day of voting, no one except officers responsible for maintaining security and
public order shall carry arm in villages, towns and cities.
The
term arms in this Law Arm means the tools specified in Article 189 of the
Turkish Criminal Law.
PROHIBITION
ON BROADCASTS
Article 80 - Radios
and all broadcasting organisations shall be prohibited from providing news or
elections and from making estimations and commenting on the results of election
until 18 hours on the day of voting.
Between
All
broadcasting shall be free after
BALLOT
BOX AREA, LOCATION OF BALLOT BOXES AND PUBLIC ORDER
Article 81 - According
to this Law, the ballot-box area is the environment, up to a distance of 100
meters, surrounding the location of the ballot-box, the voting booth and the
ballot-box committee.
The
chairman of the ballot-box committee shall be responsible for maintaining
public order in the ballot-box area.
POWERS
OF THE CHAIRMAN
Article 82 - The
chairman shall warn any person preventing voters to cast their votes freely and
confidentially or any person preventing the ballot-box committee to perform its
operations or interfering with the smooth operation of voting procedure or
attempting to disturb public order in the ballot-box area. Persons not obeying
the warning may be removed away from the ballot-box area. If the interfering
person is a member of the ballot-box committee, he/she may be expelled only
upon a decision of the committee with that respect.
Security
forces in the area shall be obliged to act as ordered by the chairman.
OFFENCES
IN THE BALLOT BOX AREA
Article 83 - If
any offence is committed in the ballot-box area, the ballot-box committee shall
issue minutes with that respect and deliver the offender to security force.
SECURITY
MEASURES IN BALLOT BOX AREA
Article 84 - No
one except the committee members authorised by this Law and voters shall be
within the ballot-box area.
Only
the security force called by the chairman of the ballot-box committee, if
necessary, shall be present in the ballot-box area. Security measures taken
shall not prevent voter to perform voting procedures. Security force executives
and officers other than those specified above as well as persons wearing
official uniforms and persons carrying arms shall not be entitled to enter in a
ballot-box area.
(Annexed
Paragraph: 3959 - 28.12.1993) However, in case of places subject to
extraordinary status, martial law, or mobilisation and in the event of war, the
foregoing provisions shall not apply for security force executives and officers
as well as members of the armed forces casting votes at the ballot-box zone
where they are registered as voter.
SECURITY
MEASURES IN AREAS OUTSIDE OF THE BALLOT BOX ZONE
Article 85 - Measures
taken by officials authorised to issue orders to security forces as well as by
executives and officers of security forces shall not be restricting or limiting
in nature the voters to enter the ballot-box area freely.
The
chairman of the ballot-box committee shall prevent all actions prohibiting or
restricting access of voters to ballot-box area.
PRINCIPLES
APPLICABLE FOR BALLOT BOXES INSTALLED IN PENALTY
EXECUTION
ESTABLISHMENTS AND DETENTION HOUSES
Article 85/A - (Annexed: 4125 - 27.10.1995) Principles applicable for ballot
boxes to be installed in penalty execution establishments and detention houses
shall be defined by the Supreme Board of Elections notwithstanding the
provisions of Articles 81, 82, 83, 84 and 85 of this Law.
PART THREE
VOTING
VOTING POWER
Article 86 - (Amended
by Law No. 2234 on 17.5.1979) Every voter registered in
ballot-box voter list shall be entitled to cast vote. A voter shall not be
entitled to cast more than one vote.
(Amended
Paragraph 2: 3270 - 28.3.1986) Any person not registered in ballot-box voter
list shall not be allowed to vote, excluding persons specified in Paragraph
(II) of Article 94 of this Law. Persons for which
official authorities have issued a document evidencing that the person n
question has lost its voter capacity until the date of voting shall not be
allowed to vote even if such persons are registered in the Voter Register.
IDENTIFICATION
Article 87 - (Amended
by Law No. 2234 on 17.5.1979) The identity of voters
registered in ballot-box voter list shall be evidenced by birth registers or by
official documents issued for identification purposes. The Supreme Board of
Elections shall determine and announce, at the beginning of elections, which
documents shall be accepted for identification. Provided
however that, identification documents issued and certified by municipalities
and by chief aldermen of villages and communities shall not be valid in
implementation of this paragraph.
In
villages with a population not more than 2,000, the identity of a voter,
registered in the ballot-box voter list and failing to present a certificate of
identity although the voter is requested to present a certificate of identity
according to the first paragraph, may be determined with the witness of two
voters known by the ballot-box committee. Adjacent to the signature of the
voter casting vote as specified above, the names and identities of witnesses
shall be written after which the witnesses shall sign.
VOTING
ORDER
Article 88 - Voters
shall not be subject to any intervention, solicitation or advice at the ballot
box and voters shall not be allowed to stay by the ballot-box after casting
his/her vote.
VOTING
TIME
Article 89 - On
the day of voting, the time between
(Annexed
Paragraph: 3959 - 28.12.1993) Beginning and closing hours of voting time may be
determined by the Supreme Board of Elections in the entire country or in
election districts considered necessary, depending on seasonal and regional
properties and transportation, provided that the length of time is maintained
and that the said times are announced not later than one week in advance of the
election day.
VOTING
SEQUENCE .... ... .... ... ... ... ... ... .... ... ...
... ... ... .... ... ... ... ... ... .... ... ... ... ... .... ... ... ... ...
.. .... ... ... ... ... ... .... ... ... ... ... ... .... ... ... ... ... ...
.... ... ... ... ... ... .... ... ... ... ... ... ... ... ... ... ... ... ....
... ... ... ... .... ... ... ... ... ... .... ... ... ... ... ... .... ... ...
... ... ... .... ... ... .. ... ... .... ... ... ... ... ... .... .Article 90 - Voters coming to related ballot-box on the
day of voting shall be admitted by the chairman of the committee consecutively,
one voter at a time. Pregnant women, ill and disabled voters shall have
priority. Elderly voters may be admitted earlier.
PROCEDURES
BEFORE VOTING
Article 91 - (Amended
by Law No. 2234 on 17.5.1979) A voter admitted by the
committee shall prove his/her identity by presenting his/her identification
certificate.
The
chairman shall find the voter's name in the ballot-box voter list and after
giving the water a integrated ballot paper kept on the table directs the voter
to voting booth in case of more than one voting booths in the ballot-box area
and explain the voter the integrated ballot paper and how to fold and seal the
integrated ballot paper into an envelope or fold envelopes, depending on the
nature of the election and to exit when finished.
A
voter receiving the integrated ballot paper or the envelope shall directly go
to the voting booth and shall not leave the area without casting his/her vote.
The
integrated ballot paper shall be recovered from any voter not entering in the
voting booth or not casting vote although he/she received the integrated ballot
paper.
STAYING
IN THE VOTING BOOTH
Article 92 - (Amended
by Law No. 2234 on 17.5.1979) No one can enter a voting booth unless the voter
in the booth exits. Provided however that, a voter staying in the booth
longer than the time required for preparing the ballot paper or the envelope
shall be warned by the chairman and then shall be removed if he insists on
staying.
INSERTING
THE COMBINED BALLOT PAPER IN THE BOX AND MARKING
Article 93 - (Amended
by Law No. 234 on 17.5.1979) After folding and sticking the combined ballot
papers in the voting booth, voters shall leave the booth and insert the
combined ballot papers personally in the ballot-box.
Disabled
voters, with apparent disability such as blindness, stroke, paralysis or
similar physical defects may be accompanied by one of their relatives who are
voters in the same election district or, in the absence of any relative, by any
other voter to provide assistance in casting their votes. A voter can not
accompany to more than one disabled.
The
chairman of the ballot-box committee shall, while delivering the voter his/her
identity card, have the voter sign the box adjacent to his/her name in the
voter list and mark the left index finger of the voter with special permanent
ink. Voters not able to sign may affix their finger print on the signature box
in the list. Voters lacking the said index finger may imprint any other finger
and the chairman shall write on the list to which finger the print belongs. The
chairman shall mark the neck part of voters having no fingers.
VOTING
BY BOARD MEMBERS, DEPUTIES, CANDIDATES AND CITIZENS RESIDING IN
OTHER
COUNTRIES
Article 94 - (Amended
by Law No. 3270 on 28.2.1986) I. The chairman of the county election board
shall issue a document indicating that the bearer is a voter and is entitled to
vote in the election and also providing the information contained in the
ballot-box voter list for each of the chairman and members of the ballot-box
committee not registered in the voter list for the ballot-box where he is
commissioned, although entitled to vote in the election district and shall also
notify the case to the chairman of the ballot-box committee where he is
registered in order to be recorded in the ballot-box voter list where he is
actually registered.
The
chairman and the members shall cast votes at the ballot-box where they are
commissioned by presenting the said certificate to the ballot-box committee in
question.
Deputies
and candidates may cast votes in any election district outside of their
registered zone by presenting their voter cards.
In
that case, the names of such voters shall be added to the end of the list, next
to which the related voter shall sign.
Procedures
performed under this paragraph shall be registered in minutes.
II. a)
(Amended by Law No. 3377 on 23.5.1987) Voters not registered in Voter Register
and residing in another country for more than six months may cast their votes
at ballot-boxes to be installed at customs ports pursuant to subparagraph (c)
while entering or exiting Turkey, starting on the seventy-fifth day in advance
of the day on which general elections for deputies shall be made, until 17:00
hours on the election day.
These
voters may cast votes only to political parties participating in the election.
b)
(Amended by Law No. 3377 on 23.5.1987) The Supreme Board of Elections shall
send combined ballot papers containing the political parties participating in
the meeting and vote envelopes printed in a special colour so that they shall
be received by the related county election boards not later than three days in
advance of the date of election.
Printed
integrated ballot papers bearing the watermark 'Supreme Board of Elections'
shall contain special emblems, abbreviated names and full names only of the
political parties participating in the election and a circle with a diameter of
2 cm under the section reserved for each party.
c)
(Amended by Law No. 3377 on 23.5.1987) Votes may be cast at customs ports to be
designated by the Supreme Board of Elections between
d) The
Supreme Board of Elections shall determine in advance, The
number of election boards and ballot-box committees to perform duty in voting
at customs ports, the number of principal and alternate members and the
qualifications of thereof shall be designated by the Supreme Board of Elections
in advance.
Ballot-box
committees shall prepare a sufficient number of voting booths to provide smooth
and confidential performance of voting procedures. Related authorities shall
render all assistance to ballot-box committees.
e) No
verbal or written electioneering shall be allowed at customs ports during the
period of voting.
f)
Voters attending at customs ports for voting shall present their passports to
the chairman of the ballot-box committee.
The
chairman of ballot-box committee shall determine the name, surname, father's
name, age and passport number of the voter as given in
the passport of the voter. The voter shall receive the combined ballot papers
and the envelope stamped with the seal of the ballot-box
committee and enter the voting booth to cast his/her vote.
The
statement 'voted' shall be written in an appropriate page of the passport of a
voter casting his/her votes in accordance with the general principles as
specified by the Supreme Board of Elections and the chairman of the ballot-box
committee shall seal and sign underneath the said statement. The voter who has
cast his/her vote shall sign the box adjacent to his/her name in the list and
thus complete the procedure of voting.
g)
During the period of voting, at every shift of ballot-box committees, the
ballot-boxes shall be opened as stipulated by the Law and the vote envelopes
therein and the number of voters who have cast their votes shall be matched and
written down in a minute.
Vote
envelopes and a copy of the minute shall be inserted in a bag and the mouth of
the bag shall be sealed and the bag shall be delivered by the chairman of the
ballot-box committee to the related election board for custody.
The
boxes and bags shall be opened in conformity to general principles after
h)
Results submitted by ballot-box committees at customs ports shall be integrated
by the Supreme Board of Elections. Total number of valid votes cast shall be
added on the total number of valid votes cast throughout
In
this way, total votes as specified in Article 33 of the Law for Election of
Deputies no. 2839 shall be found.
Total
valid votes in each election district shall be increased by the ratio obtained
by dividing total votes submitted by customs election boards by votes received
from other election boards.
The
difference between total votes cast within that election district and the total
votes calculated as above shall be distributed to parties at the rate of their
shares in total votes from customs ports election boards and figures so
obtained shall be added to valid votes obtained by the parties within that
election district. Consequently, the quantity of total valid votes cast in the
election district under Article 34 of the Deputy Election Law no. 2839 and the
total valid votes obtained by the parties shall be found.
PART FOUR
COUNTING AND LISTING OF VOTES
MEASURES FOR COUNTING OF VOTES
Article 95 - Counting
and listing shall be made publicly. Persons present at the place of voting
shall supervise the counting and listing procedures.
The
committee shall pass a resolution to define the area to be vacated around the
table on which counting and listing procedures are performed for orderly and
safe performance of committee activities and may take measures in the perimeter
of this area (such as limiting the area with a rope) to enable the participants
observe the procedures.
CHECKING
THE NUMBER OF VOTERS
Article 96 - (Amended
Paragraph 1: 3959 - 28.12.1993) If the ballot-box is not placed somewhere else
by the Supreme Board of Elections pursuant to last paragraph of Article 89, it
shall not be opened before 17:00 hours. Upon completion of voting, this shall
be announced by the chairman of the committee loudly. All objects on the table
except the ballot-box shall be removed. It is recorded in the minutes that
voting procedure is completed.
Subsequently,
the total number of voters contained in the ballot-box voter list and the total
number of voters who have actually cast their votes shall be determined by
counting the number of signatures or finger prints set adjacent to names of
voters. The result shall be announced loudly.
UNUSED
COMBINED BALLOT PAPERS AND ENVELOPES
Article 97 - (Amended
by Law No. 2234 on 17.5.1979) Unused vote envelopes or integrated ballot papers
shall be counted and added on the number of voters who have cast their votes
and compared to the total number of envelopes or combined ballot papers
delivered to the committee. Unused envelopes or combined ballot papers shall be
packed, sealed and numbered.
Subsequently,
the bag to be used for inserting the ballot papers removed from the ballot-box
shall be checked for emptiness. All these procedures shall be recorded.
OPENING
THE BALLOT BOX AND COUNTING THE VOTES
Article 98 - Following
performance of procedures mentioned above, the ballot-box shall be opened
before all attendants at the voting place and the total number of envelopes
removed from the box shall be counted and recorded.
The
number of envelopes shall be compared with the number of voters. If the number
of the envelopes is higher than the number of voters who have cast their votes,
all envelopes shall be checked and envelopes not bearing double seals and not
complying with certain conditions according to Article 77, or envelopes
defining the identity of the voter by means of any sign, mark, signature or
stamp pursuant to Article 103 shall be set aside. If subtracting the number of
such envelopes from total number does not remove the excess, the chairman of
the committee shall randomly select envelopes in such quantity necessary to achieve
equilibrium between the number of envelopes and the number of voters. The
number of envelopes set aside shall be recorded and these envelopes shall be
destroyed by burning without opening. Next, the valid envelopes shall be
counted and placed in the box and listing shall be initiated immediately. All
of these procedures shall be recorded in the minutes
book.
COUNTING
AND LISTING OF VOTES
Article 99 - Counting
and listing of votes shall continue without break. Any objections shall not
suspend the procedure.
OPENING
THE ENVELOPES... ......
... ... .... ... ... ... ... ... ..
Article 100 - The
chairman of the ballot-box committee shall, before initiating vote counting and
listing procedure, show to attendants that counting and listing schedules are
blank and contain no writing and assign the following duties among committee
members:
a) Two
members of other political parties, if any, assigned to fill out lists;
b) A
member of a political party, assigned to remove the envelopes from the box and
deliver them to the chairman;
c) One
member assigned to insert the listed ballot papers into the bag;
The
commissioned member shall remove vote envelopes from the box one at a time and
deliver the same to the chairman who shall open the envelope and read the
ballot paper removed from the envelope in a manner to be seen and heard by all
attendants in the area.
The
committee shall decide whether a ballot paper shall be valid and taken into
consideration pursuant to Articles 103 and 104 and recorded in the minute and
votes considered valid and taken into consideration by the committee shall be
written in the schedule.
Ballot
papers not considered valid and not taken into consideration shall be packed
and stored separately.
As
reading the ballot papers proceeds, one of the two members assigned to fill the
schedule shall mark the schedule as appropriate.
The
chairman shall hand the ballot papers so read and counted to the other
commissioned member who shall insert them in the bag.
Ballot
papers may be seen by other members of the committee and by observers of
parties.
Candidates
and observers of parties shall be given a place at the vote counting table.
However,
if the number of observers of parties is more than three, the chairman of the
ballot-box committee shall draw a name amongst the said observers to determine
those to stay by the box. A place close to the box shall be arranged to enable
other observers and the observers of independent candidates to observe the
counting procedure.
AUDITING
BALLOT BOX PAPERS AND THE NUMBER OF ENVELOPES OPENED
Article 101 - Upon
completion of counting and listing of votes, ballot papers put in the bag shall
be checked for compliance with the number of envelopes removed from the box and
the result is registered.
NAME
TO BE WRITTEN ON BALLOT PAPERS
Article 102 - Ballot
papers must contain the name and surname of the candidate.
Provided however that the vote shall be valid if the identity of
the candidate is clearly understood by the name and surname.
INVALID
ENVELOPES AND COMBINED BALLOT PAPERS
Article 103 - (Amended
by Law No. 2234 on 17.5.1979) The following ballot
papers shall not be valid:
1.
Ballot papers inserted in envelopes other than the envelopes provided by the
ballot-box committee in uniform shape and colour with double seals.
2.
Integrated ballot papers bearing signatures, seals or marks identifying the
voter and ballot papers inserted in envelopes in such manner,
3.
Ballot papers printed on papers other than those provided by the ballot-box committee, produced specially and which incorporates the
watermark 'The Republic of Turkey, Supreme Board of Elections',
4.
(Amended by Law No. 2839 on 10.6.1983) Integrated ballot papers not bearing the
seal of the chairman of the ballot-box committee on the back side,
5.
Ballot papers with "Yes" seal stamped in such manner as to invade
more than one of the areas reserved for political parties or independent
candidates,
6.
Combined ballot papers having no "Yes" stamp in any area as well as
ballot papers with "Yes" stamp invading more than one areas reserved
for political parties and independent candidates,
7.
Ballot papers the envelope of which contains also a handout or any other paper,
8. In
elections where integrated ballot papers are not used, ballot papers inserted
in envelopes other than the envelopes provided by the ballot-box committee in
uniform shape and colour with double seals,
9.
Ballot papers other than those specified above and considered invalid pursuant
to the provisions of private laws,
If
several ballot papers for different parties or independent candidates are
removed from one envelope, none of the said ballot papers shall be valid.
BALLOT
PAPERS TAKEN OR NOT TAKEN INTO CONSIDERATION
Article 104 - Which
of the votes cast shall be or not be considered shall be determined under
provisions of private laws regulating each election.
DECLARATION
AND REGISTRATION OF RESULTS OF COUNTING
Article 105 - Immediately
after counting of votes and recording of results in schedules, the chairman of
the ballot-box committee shall announce the results loudly. Subsequently,
1 the
date and time of voting,
2. The
hour and minute at which the ballot-box was opened in the presence of the
ballot-box committee members and if the ballot-box is opened after
3. The
number of voters registered in the ballot-box voter list,
4. The
number of voters who have cast their votes,
5. The
number of envelopes removed from the ballot-box and the number of envelopes
destroyed by burning and retained according to Article 98,
6. The
number of ballot papers considered valid and taking into consideration,
7. The
number of ballot papers considered or not calculated and why,
8. The
number of ballot papers objected or disputed but considered valid,
9.
Total number of votes obtained by each party and the candidates thereof and by
independent candidates, (both in figures and in writing)
10.
The fact that the results of counting and listing was
declared by the chairman to the attendants,
11.
The nature of notifications and complaints regarding breach of law by the
manner of voting and decisions made with respect thereto shall be written on
the printed minutes paper and undersigned by the chairman and members of the
committee.
POSTING
THE MINUTES
Article 106 - A
roster showing the names of parties and their candidates and of independent
candidates, the number of votes they obtained, the total of ballot papers and
the number of valid and considered ballot papers and signed by the chairman and
members of the committee, shall be posted up by the chairman of the ballot-box
committee in a prominent manner in the vicinity of the ballot-box. The roster
shall be left in place for a period of one week. Certified copes of the rosters
must immediately be given to observers of political parties and of independent
candidates if they request.
DELIVERY
OF DOCUMENTS RELATED TO COUNTING OF VOTES
Article 107 - Ballot
papers considered valid, minutes issued by the ballot-box committee,
undersigned vote counting schedules used in counting and listing, invalid,
unconsidered and objected ballot papers, uncounted envelopes, the minutes book
shall be placed, in separate packages signed sealed by the committee, in a bag
sealed by the committee and signed by the chairman and members an shall be
delivered to county election board to which the ballot-box committee is
affiliated to by the chairman of the ballot-box committee and at least two
members designated by the chairman by drawing names.
Other
members of the committee and observers may participate if they wish and if the
vehicle is available or by providing the means of transport themselves.
The
county election board shall open the bag in the presence of the members delivering
the bag and issue a list in three copies showing the contents of the bag. The
list shall be undersigned by the persons delivering the bag and the chairman of
the county election board and one of the members. A copy of the list shall be
attached to the document to be sent to the provincial election board. A copy of
the list shall be delivered to the chairman of the ballot-box committee.
CHAPTER FIVE
PROCEDURES FOLLOWING....
PART ONE
COMBINATION OF ELECTION RESULTS BY COUNTY ELECTION BOARDS
Article 108 - During
counting, listing and combining procedures to be performed by the county
election board, the candidates and observers of political parties as well as
independent candidate and their observes may be present if they wish. If the
number of independent candidates and their observers is more than five, the
first five names drawn may remain to observe the procedures. A place close to
the box shall be arranged to enable other independent candidates and observers
to observe the procedures. Classification and integration procedures shall be
made publicly.
The
county election board shall, while taking delivery of the documents sent by
ballot-box committees as they come at intervals, operate continuously and
proceed with combining the minutes delivered by ballot-box committees.
Upon
receipt of the last ballot-box minutes, integration of all ballot-box minutes
shall be completed and the result shall be recorded in a minute. Votes obtained
by parties and their candidates as well as by independent candidates shall be
included in the minutes in the required order.
Out of
votes obtained by the parties and their candidates as well as by the
independent candidates those considered valid without objection shall be added
on votes considered valid although objected and total number of valid votes
within that county shall be recorded in the minutes.
A
certified copy of the minutes issued by the county election board shall be
delivered to the provincial election board by the chairman of the county
election board and at least two members.
A copy
of the minutes showing the quantities of votes obtained, as indicated in each
ballot-box minutes, by the parties and their candidates as well as by the
independent candidates shall be delivered immediately to each of the political
parties and, if they wish, to observers of independent candidates.
The
contents of the minute showing the result of integration shall be announced to
attendants and a copy thereof shall be posted up by the chairman of the county
election board on the door of the county election board to remain there for a
period of one week.
The
powers vested in chairmen of ballot-box committees shall also apply for
chairmen of county election boards at the place of counting, listing and
combining of votes pursuant to Articles 82, 83 and 84.
PART TWO
COMBINING VOTES AT PROVINCIAL ELECTION BOARD
PROVINCIAL ELECTION MINUTES
Article 109 - Where
provincial election boards are commissioned by laws related to elections to
issue minutes, the said boards shall integrate election minutes sent by county
election boards and issue provincial election minutes.
The
contents of the minutes showing the results of integration shall be declared to
those present and a copy thereof shall be posted up by the chairman of the
provincial election board on the door of the provincial election board. The
minute so posted shall remain posted for a week.
The
powers vested in chairmen of ballot-box committees shall also apply for
chairmen of provincial election boards at the place of counting, listing and
combining of votes pursuant to Articles 82, 83 and 84.
CHAPTER SIX
OBJECTIONS AND COMPLAINTS
PART ONE
GENERAL PROVISIONS
ELIGIBILITY FOR OBJECTION
Article 110 (Amended: 1700 24.3.1973) The following may lodge objections against non definitive decisions
of the boards or of the board chairmen mentioned in the present law:
citizens
who are eligible for standing for elections, political parties or the leaders
of different sections of their organisation according to their internal
regulations or their attorneys, witnesses, candidates and members of the Senate
of the Republic and deputies.
AUTHORITIES
TO RESOLVE OBJECTIONS
Article 111 The higher board of each relevant board
shall answer the objections raised against the decisions of such board which are
not specified as definitive decisions in the present law.
The
decisions passed by the Supreme Board of Elections on its own account or upon
objection shall be definitive.
MODE
OF OBJECTION
Article 112 (Amended: 2234 17.5.1979) Objections
may be expressed in written or verbal form. Verbal objections shall be recorded
in writing together with the ground of the objection. The name and address of
the objector shall also be written and the record shall be signed by the objector.
Those objectors who cannot sign shall stamp their finger print.
Objectors
must be able to prove their identity and present evidence and ground of
objection.
Otherwise,
their objections shall not be taken into account and it shall be recorded that
the objection has not been taken into account for the reason mentioned above.
The
same conditions shall apply to written objections and pieces of evidence shall
accompany written applications for objection. No written objections without
ground or evidence shall be taken into account. In both cases, a receipt shall
be given to the objector certifying that the objection has been received
together with the date of the reception of the objection. Objections shall be
addressed to the chairman of the relevant board of elections. If the chairman
is not available, written objections shall be addressed to the prosecutor on
duty in exchange for a receipt. The prosecutor on duty shall record the
objection and send it to the chairman of the relevant board of elections.
At the beginning of the
elections, each political party shall announce those people who are authorised
to lodge objections on behalf of that political party by means of a sealed and
signed letter addressed to the boards of elections. A circular letter of signature
specimens shall also be delivered after being approved by the leader of the
political party. Those people who lodge an objection on behalf of a political
party shall not be required to prove their identity.
Declaration of the official
authorities who are in possession of the pieces of evidence shall be considered
as the delivery of the pieces of evidence themselves. Such pieces of evidence
shall be provided by the board of elections.
Objections addressed to the
Supreme Board of Elections shall be in written form.
DECISIONS TO RESOLVE
OBJECTIONS
Article 113 In the event a higher board finds that
an objection against the decision of a lower board is justified, the same
higher board shall also decide about what is to be done.
Boards shall deliver decisions by
an absolute majority of the votes. In the event of the equality of opposing
votes, the vote of the chairman shall prevail.
The Supreme Board of Elections
shall convene with its full number of members to deliberate over objections
against returns to be delivered to the elected.
On other matters, a majority of
the members shall be sufficient for deliberations. In both cases, decisions
shall be delivered by an absolute majority of the votes.
In the event of the equality of
opposing votes, the vote of the chairman shall prevail.
ANNOUNCEMENT AND NOTIFICATION
OF DECISIONS
Article 114 Non definitive decisions delivered upon
objection shall be notified verbally if the objector is present.
In verbal notifications, the date
and time of the notification shall be recorded and the objector shall sign the
record. The objector may keep a copy of the record.
If the objector is not available,
the decision shall be notified to a predetermined place located in the town
where the boards of elections are based provided that such a place has been
designated in advance.
The definitive decisions of the
boards shall not be notified. However, the objector shall be allowed to examine
the decision upon his/her request and receive a copy upon his/her request.
CHARGES
Article 115 No documents relating to objections
shall be subject to any charges.
PART TWO
COMPLAINTS
DESCRIPTION OF A COMPLAINT AND
AUTHORITIES TO BE ADDRESSED FOR
COMPLAINTS
Article 116 Complaints are applications for the
correction of operations and measures conducted and taken by chairmen of county
boards of elections and other people who are in charge of creating the
registers or by provincial or county boards of elections or ballot box committees
or the chairmen of the mentioned boards or committees in the exercise of their
powers granted by the present law, or applications for the prevention of
breaches of the prohibitions established by the present law. Complaints shall
be addressed to the relevant boards or to their respective chairmen or to other
officials in verbal or written form by the eligible people specified in Article
110 above.
EXAMINATION OF COMPLAINTS
Article 117 (Amended: 2234 17.5.1979) If a complaint
is found justified, then the operations which are the subject of the complaint
shall be corrected and the breaches of prohibitions prevented.
In the event a complaint is not
found justified, such situation shall be recorded. A copy of that decision
shall be given to the complainer. If there is no specific time-limit determined
by law, objections against these decisions must be lodged within 48 hours.
OBJECTIONS OR COMPLAINTS SHALL
NOT STOP ANY ELECTION OPERATIONS
Article 118 Objections or complaints shall not stop
the casting of votes or any other operations related to the elections.
PART THREE
OBJECTIONS AGAINST AND COMPLAINTS ABOUT THE FORMATION AND
OPERATIONS OF THE BOARDS
OBJECTIONS AGAINST AND COMPLAINTS ABOUT BALLOT BOX COMMITTEES
Article 119 Complaints can be lodged demanding the
correction of an operation carried out by a county board of elections or by its
chairman concerning the formation of ballot box committees, within two days
after the completion of the operation in question.
Objections may be lodged against
decisions rejecting such complaints within two days following the notification
of such decision. Such objections shall be addressed to the provincial board of
elections. The relevant provincial board of elections shall deliver a
definitive decision within two days.
Objections can be lodged against
the formation of ballot box committees even if no such complaint has been
lodged, provided that such objections are lodged within two days following the
formation of the ballot box committee with the provincial board of elections.
The decision of the provincial board of elections shall be definitive.
OBJECTIONS
AND COMPLAINTS CONCERNING
Article 120 - Objections can be lodged against the
formation of county boards of elections within two days following the formation
of the county board of elections in question with the relevant provincial board
of elections. The provincial board of elections shall deliver a decision within
two days on that matter and such decision shall be definitive.
OBJECTIONS
AND COMPLAINTS CONCERNING PROVINCIAL BOARDS OF
ELECTIONS
Article 121 - Objections can be lodged with the
Supreme Board of Elections on matters concerning the formation of provincial
boards of elections within three days following the formation of the provincial
board of elections. The Supreme Board of Elections shall deliver a decision
within three days on that matter.
PART
FOUR
OBJECTIONS
CONCERNING BALLOT BOX VOTERS LISTS
OBJECTIONS
CONCERNING PUBLICLY DISPLAYED ALDERMAN QUARTER VOTERS LISTS
Article 122 (Amended: 2234 17.5.1979) The county
officials of political parties mentioned in Article 112 may lodge objections or
complaints against the publicly displayed voters lists of the alderman zones
with the relevant county board of elections, if the objection or complaint is
related to the voters residing at that county. Officials of the headquarters of
political parties may lodge objections or complaints concerning all voters
registers with the Supreme Board of Elections. Voters may lodge objections or
complaints concerning themselves with the relevant county board of elections.
Objections
against the publicly displayed alderman zone voters lists shall be resolved by
the chairman of the relevant board and his/her decision shall be definitive.
A copy
of the decision shall be sent to the General Directorate of Voters Registers
and recorded on the registers.
OBJECTIONS
AGAINST PUBLICLY DISPLAYED VOTERS LISTS OF BALLOT BOX
AREAS
Article 123 (Amended: 2234 17.5.1979) Political
parties provincial and county leaders as announced in paragraph 4 of Article
14 and members of a county board of elections may lodge objections against the
publicly displayed ballot box voters lists while the voters lists are
publicly displayed on the grounds that the information on the ballot box
voters lists does not comply with the publicly displayed voters lists or with
the decisions delivered after examination of objections or that the separation
of ballot boxes does not comply with the laws and with official notices. Such
complaints shall be addressed to the county board of elections.
Such
objections shall be examined by the county board of elections and its decision
shall be notified to the objector and to the provincial board of elections.
The
objector may lodge an objection against that decision with the provincial board
of elections.
The
final decision of the provincial board of elections, together with the
non-contested decisions of the county of elections, shall be sent to the
Supreme Board of Elections General Directorate of Voters Lists.
MODE
OF OBJECTION AGAINST VOTERS LISTS
Article 124 (Amended: 2234 17.5.1979) Headquarters
officials of political parties and the General Director of Voters Registers
shall have the right to have their definitive decisions on objections and
complaints as specified in Articles 122 and 123 and the present article
examined and resolved by the Supreme Board of Elections.
The
drawing of lots concerning the time, duration, examination and resolution of
the objections and complaints as specified in Article 122 and 123 and in the
present article shall be announced by the Supreme Board of Elections not later
than one month prior to the first public display of voters lists.
The
voters' registers information which has been modified, removed or added by
decisions delivered upon objection shall be kept in separate "updating
register".
OBJECTIONS
AGAINST CANDIDATURES
Article 125 (Amended: 2234 17.5.1979) Objections
can be lodged against candidatures on the grounds that a candidate is not
eligible for candidature by those people designated in Article 110, within two
days from the date of the announcement of the candidature in accordance with
the legislation specific to the candidature in question, unless there is a
contradictory provision in the specific legislation.
On the
other hand, no objections concerning the determination of the candidates of a
political party can be lodged by any person who is not a member of that party
on the grounds that the internal regulations of that political party have been
breached. No objections which are not accompanied by a document supporting the
membership of the objector shall be taken into account.
Such
objections shall be addressed to the board of elections which is in charge of
administrating the elections depending on the nature of the elections.
Objections against the decision of such board of elections can be lodged with
the higher board of such board of elections. The decision of such higher board
shall be definitive.
Such
objections must be in written form and accompanied by the documents which
support the objection.
(Added
paragraph: 4125 27.10.1995)
(Abolished by Decision no. E.1995/54 K. 1995/59 of the
TIME-LIMIT
FOR THE EXAMINATION OF OBJECTIONS
Article 126 Candidatures shall become definitive in
accordance with the periods determined by their specific laws. The higher
boards which are entitled to deliver definitive decisions shall resolve
objections before the expiration of these periods.
PART
FIVE
OBJECTIONS
AGAINST DECISIONS DELIVERED BY BALLOT BOX COMMITTEES OR BY THEIR CHAIRMEN
Article 127 The concerned may promptly lodge
objections against decisions rejecting objections under Article 110 against the
operations of the ballot box committees or of their chairmen or against any
ballot box operation. Such objections shall be addressed to the chairman of the
county board of elections.
The chairman
of the county board of elections shall promptly examine the objection and
resolve it.
If the
decision of the chairman of the county board of elections corrects the
situation or cancels the decision of the ballot box committee, then such
decision shall promptly be notified to the chairman of the ballot box
committee. Compliance with the decision is obligatory.
Complaints
and objections must be lodged no later than the drawing up of the returns
determining the results of the elections.
OBJECTIONS
AGAINST THE DECISIONS OF THE BALLOT BOX COMMITTEE AND
AGAINST
RETURNS
Article 128 (Amended: 2234 17.5.1979) Objections
may be lodged against the decisions of the ballot box committee and the drawing
up of returns. The addressee of such objections shall be the county board of
elections.
Such
objections may be lodged in written or verbal form not later than the drawing
up of the ballot box record through ballot box committees or direct with the
county board of elections not later than 14.00 on the first Tuesday following
the elections.
County
boards of elections shall resolve the objections no later than 17.00 on the
second day after their reception of the objection. If the objector is present,
then the decision shall be notified to the objector in person. Otherwise, it
shall be notified by mail.
County
boards of elections shall not draw up any official records concerning the
summing up of votes before examining and resolving the objections lodged within
the above mentioned time-limit or within a specific time-limit.
PART
SIX
OBJECTIONS
AGAINST DECISIONS DELIVERED BY
Article 129 Objections against a decision delivered
by a county board of elections or of its chairman about complaints about
concerning the county boards own operations and objections against other
decisions may be lodged before the return for the result of the county summing
up of votes is drawn up. Objections against the drawing up of the return for
the county summing up of votes and objections against the operations related
thereto and the results thereof must be lodged not later than 17.00 on the day
following the drawing up of the return in question. Such objections shall be
lodged with the relevant provincial board of elections directly or via the
county board of elections.
Objections
against rejection of objections against the operations and measures of a county
board of elections or of its chairman shall be definitively resolved within two
days.
If an
objection is found justified, then such decision shall be notified to the
chairman of the concerned county board of elections using the fastest way of
communication.
Other
objections shall be resolved within two days. If the objector is present, the
decision shall be notified to the objector verbally. Otherwise it shall be
notified by mail.
PART
SEVEN
OBJECTIONS
AGAINST DECISIONS DELIVERED AND RETURNS DRAWN UP BY A PROVINCIAL BOARD OF
ELECTIONS OR BY ITS CHAIRMAN AND EXTRAORDINARY OBJECTIONS
Article 130 (Amended: 2234 17.5.1979) Objections
may be lodged with the Supreme Board of Elections directly or via the
provincial board of elections by eligible person as determined in Article 110
against the decisions of a provincial board of elections as follows:
1.
Objections against the decisions of a provincial board of elections rejecting
objections concerning its own operations must be lodged within three days from
the notification or pronouncement of such decision;
2.
Objections against the formation of a provincial board of elections must be
lodged within three days following the formation of the board;
3.
Objections against decisions concerning election day
operations must be lodged immediately;
4.
Ojections against other decisions must be lodged within three days from the
date the objector has been informed of such decision but not later than 17.00
on the third day following the drawing up of the return for the provincial
summing up of votes;
5.
Objections against the counting and sorting out of votes must be lodged not
later than 17.00 on third day following the day of the drawing up of the return
for provincial summing up of votes;
6.
Objections against the eligibility of a candidate or objections claiming that
the receiver of an election return has not been elected in reality or
objections concerning facts that may change the result of the elections must be
lodged not later than 17.00 on the third day following the drawing up of election
return in question.
On the
other hand, objections concerning facts that may change the results of the
elections lodged by provincial leaders or headquarters of political parties or
by independent candidates within 7 days from the date of the drawing up of the
return in question shall not be refused to be examined or rejected on the
grounds that decisions delivered at lower levels are definitive or have become
definitive or that the concerned have failed to apply within the time-limit or
in compliance with the hierarchy, if boards which have the authority to deliver
definitive decisions believe that such objection may change the results of the
elections.
Such
objections shall be lodged in written form. The objection application shall
contain the name and address of the objector and a statement of the nature of
the alleged facts and the ground for objection and evidence. Documents must
also be provided. If such documents are not available, then their origin and
the place where they are available and the conditions of obtaining them must be
stated.
However,
once a candidature has become definitive, no objection shall be allowed against
such candidatures except for reasons concerning the Turkish citizenship, age,
literacy or past convictions of the candidate. This provision shall also apply
to extraordinary objections.
Objection
applications which do not satisfy these conditions shall not be accepted.
PART EIGHT
OBJECTIONS AGAINST THE OPERATIONS AND MEASURES OF THE SUPREME
BOARD OF ELECTIONS
Article 131 The persons eligible for lodging
objections under Article 110 may lodge objections in written form directly with
the Supreme Board of Elections, while elections are underway, against
operations and measures of the Supreme Board of Elections other than decisions contested
or delivered upon objection by the Supreme the Board of Elections or and
against unlawful acts for which no authority has been specified for objection
or remedy in the present law and which exceed the authority of lower boards.
Written
objections must satisfy the conditions specified in Article112. Upon such
objections, the Supreme Board of Elections shall promptly deliver a definitive
decision.
METHOD
OF EXAMINATION AND INVESTIGATION
Article 132 The Supreme Board of Elections shall
carry out examinations on documents and any sort of investigation it finds fit.
It can ask relevant authorities to provide it with all sorts of necessary
documents and information. Such authorities are responsible for delivering the
requested documents and information promptly and in seven days time in any
case.
The
Chairman of the Board may employ employees of the Supreme Court or of the
Supreme State Council if necessary.
A copy
of each objection application shall be delivered to the person whose election
return has been contested. That person may defend him/herself in writing or,
upon his/her request, defend him/herself before the Board in person or by means
of a proxy on a date and time to be determined by the Board. The Board shall
resolve the objections within three months from the date of the reception of
the objection or information in question.
Decisions
of the Board shall be definitive. No recourse to an authority or to legal
action is allowed against its decisions.
For
objections to be lodged with the authority which has the power to deliver
definitive decisions on the results of the elections, depending on the kind of
the elections in question, the provisions of the first and third paragraphs
above shall be applicable.
However,
the board in question shall resolve the objections within 15 days.
No
recourse to an authority or to legal action is allowed against the decisions
mentioned in the paragraphs above.
In the
event a return is cancelled, the provisions of the relevant specific law shall
be applicable.
PART SEVEN
ELECTION OFFENCES AND PENALTIES
OFFENCES
AGAINST BOARDS
Article 133 (Amended: 2234 17.5.1979) Those who
prevent the boards mentioned in the present law from convening or from
fulfilling their function by means of fraudulent acts or by any means
whatsoever or by using violence or coercion or threat shall be punishable by
terms of prison of at least 18 months and by fines from 5 thousand TL to 25
thousand TL.
If the
offences mentioned above are committed by using weapons, the term of the prison
sentence shall not be less than 3 years. If the mentioned offences are
committed by the collaboration of three people one of them being armed or by
more than three people at least two of them being armed with or without
collaboration between them, then such offenders shall be punishable by prison
terms of at least 5 years.
DISOBEYING
MEASURES OF THE BOARDS
Article 134 (Amended: 2234 17.5.1979) Those who
do not obey during the elections the decisions and measures taken by a board mentioned
in the present law or by the chairman of such a board in order to ensure the
proper conduct of the elections despite warning shall be punishable by prison
terms from ten days to one month and by fines from 500 TL to 2,500 TL.
Those
who hinder the implementation of such decisions and measures in any manner
whatsoever or cause such decisions and measures to be ineffective shall be
punishable by terms of prison from one month to six months and by fines from
1,000 TL to 5,000 TL.
If the
offences mentioned above are committed by people in charge, the offenders shall
be punishable by prison terms from three months to six months for the cases
described in the first paragraph above and from six months to one year for the
cases described in the second paragraph above, if such offences do not
constitute more serious offences according to the Turkish Penal Code. The
offenders shall also be punishable by a corresponding ban from public services.
DISOBEDIENCE
BY A BOARD MEMBER
Article 135 Board members which do not abide by the
decisions taken by the a board mentioned in the
present law by a majority of votes shall be punishable by prison terms from
three months to one year.
ABSENCE
IN PLACE OF DUTY OF A BOARD MEMBER
Article 136 (Amended: 2234 17.5.1979) Those board members who are not present at their place of
duty despite being duly appointed to such duty shall be punishable by a fine
from 5,000 TL to 25,000 TL.
Those
who leave their place of duty while the elections are underway without
justified reason shall be punishable by prison terms from two months to six
months and by fines from 5,000 TL to 25,000 TL.
FAILURE
TO MAKE REQUESTED MATERIALS AVAILABLE IN TIME
Article 137 (Amended: 2234 17.5.1979) If the
chairman or a member of a board or any person in charged of a duty specified in
the present law fails to send the ballot box voters lists, lists of
candidates, papers and packages and ballot papers relating to the elections,
ballot boxes, ballot paper envelopes or other tangible or intangible means and
other election materials to their destination or prevents them from reaching
their destination or fails to take delivery of them, then such chairman or
member of board shall be punishable by a prison term of at least one year and
by a fine from 5,000 TL to 25, 000 TL. The offenders shall also be punishable
by a corresponding ban from public services.
NEGLIGENCE
ON DUTY AND ABUSE OF AUTHORITY
Article 138 If people who are in charge of
implementing the present law or people who are appointed under the present law
to take charge of certain duties exhibit negligent behaviour or abuse their
position, such offenders shall be punishable as provided by the Turkish Penal
Code for such offences by aggravating the relevant sentences by from one sixth
to one third, if no specific sentence is provided by the present law.
OFFENCES
COMMITTED BY CIVIL SERVANTS
Article 139 Offences committed by people appointed
to take charge of certain duties under the present law shall be punishable by
sentences aggravated by from one sixth to half, for offences other than those
punishable individually or subject to aggravated punishment.
OFFENCES
RELATING TO THE PREPARATION OF VOTERS LISTS
Article 140 (Amended: 2234 17.5.1979) Those who
do not deliver the plans and lists of buildings which are to serve as a basis
for the preparation of voters lists within the time-limit determined by the
responsible county board of elections or those who deliver plans and lists of
buildings which are not suitable for the preparation of voters lists shall be
punishable in accordance with Articles 240 and 230 of the Turkish Penal Code by
aggravating the relevant sentences by from one sixth to one third depending on
the seriousness of the offence.
Those
who do not abide by the rules announced during the census of voters and during
the procedures of recording and checking and those who abstain from answering
questions or those who wilfully give wrong answers or those who leave the place
where they are supposed to be before the time they are allowed to do so on the
first day of voters census and recording shall be punishable by fines from
2,500 TL to 10,000 TL, if their offence does not constitute a criminal offence.
FORMATION
OF VOTERS REGISTERS
Article 141 (Amended: 2234 17.5.1979) If those
people who are appointed to prepare the documents relating to the voters lists
by the present law fail to do so properly and in time or to keep such documents
or to deliver them to the relevant authorities, then such people shall be
punishable by prison terms from six months to two years.
If
such offences are a result of indifference or neglect, then the offenders shall
be punishable by prison terms from three months to one year.
If
such an offence has actually prevented the preparation of voters registers or
ballot box voters lists or the casting of votes in any election district, then
offenders shall be punishable by prison terms from one year to two years for
the cases described in the first paragraph and from six months to two years for
the cases described in the second paragraph.
OFFENCES
COMMITTED BY PEOPLE WHO ARE IN CHARGE OF PREPARING VOTERS REGISTERS
Article 142 (Amended: 2234 17.5.1979) Those who
have registered a non eligible person in a voters register and those who have
abstained from registering an eligible person in a voters register and those
who have failed to remove a non eligible person from a voters register and
those who removed an eligible person from a voters register shall be punishable
by prison terms from one year to two years.
If such offences have been committed due to indifference or
negligence, than the offenders shall be punishable by prison terms from three
months to six months.
NON
ELIGIBLE PERSONS HAVING THEMSELVES REGISTERED IN VOTERS LISTS
Article 143 (Amended: 2234 17.5.1979) Those who
have had themselves registered in a voters register although they are not
eligible or have had non eligible persons registered in a voters register or
prevented the removal of such non eligible persons from a voters register and
caused an eligible person to be removed from a voters register shall be
punishable by prison terms from three months to one year and by fines from
2,500 TL to 10,000 TL.
If the
above-described offences have been committed by using violence, threat or
coercion or by using undue influence, then the offenders shall be punishable by
prison terms from one year to five years.
BEING
REGISTERED IN A VOTERS REGISTER MORE THAN ONCE
Article 144 (Amended: 2234 17.5.1979) Those who
wilfully have themselves or others registered in voters' registers more than
once or wilfully commit acts that will lead to registration in voters
registers more than once shall be punishable by prison terms from three months
to one year and by fines from 2,500 TL to 10,000 TL.
If the
offences described above have been committed by people who are in charge of the
concerned functions, then the offenders shall be punishable by prison terms from
one year to two years and by fines from 2,500 TL to 10,000 TL.
ENCOURAGING
OTHERS NOT BE REGISTERED IN VOTERS REGISTERS
Article 145 Those who encourage others not to be
registered in voters registers shall be punishable by prison terms from three
months to six months.
If
eligible persons fail to be registered in voters registers due to such acts,
then the offenders shall be punishable by prison terms from six months to one
year.
If
such offences are committed by using violence, threat or coercion, then the
punishments specified above shall be doubled.
If
such offences are committed by a civil servant or by a person who is considered
as a civil servant, then Article 139 shall also be applicable in addition to
the provisions above.
OFFENCES
ON VOTERS LISTS
Article 146 (Amended: 2234 17.5.1979) If the
offences described in Articles 141, 142, 143 and 144 have been committed on
ballot box voters lists after the preparation of voters registers and on other
lists to be prepared pursuant to decisions of the Supreme Board of Elections,
then the offenders shall be punishable as specified in the mentioned articles.
OFFENCES
CONCERNING VOTERS LISTS
Article
147 (Amended: 2234
17.5.1979) Those people in charge who fail to post the voters lists that must be
posted or those who remove them before due time or those who prevent citizens
from properly examining them or those who do not resolve objections or notify
such objections to the relevant authorities shall be punishable by prison terms
from three months to two years and by fines from 1,000 TL to 5,000 TL.
If such offences have been committed due to indifference or
negligence, than the offenders shall be punishable by prison terms from one
month to six months and by fines from 500 TL to 2,500 TL.
OFFENCES
COMMITTED ON VOTERS REGISTERS, VOTERS LISTS AND OTHER
DOCUMENTS
ARTICLE
148 (Amended: 2234 17.5.1979) Those who forge in part or in whole fake
voters registers or voters lists or those who alter such lists or steal or
destroy such lists shall be punishable by prison terms of at least three years.
Those
who steal or alter or destroy documents related to voters registers or voters
lists shall be punishable by the same penalties.
Those
who commit one of the offences described above on a document that serves to
prove the identity of a voter or those who hide such documents in order to
prevent a voter from exercising the right to vote shall be punishable by prison
terms from six months to two years.
If the
voter in question manages to prove his/her identity and to cast his/her vote,
than the penalty above shall be halved.
OFFENCES
CONCERNING ELECTION RALLIES
ARTICLE
149 (Amended: 2839 10.6.1983) Those who speak to an audience in an election
rally where the committee described an Article 51 has not been formed shall be
punishable by prison terms from three months to six months and by fines from
3,000 TL to 15,000 TL.
Those
who prevent an election rally from being held or cause it to prematurely stop
shall be punishable by prison terms from six months to one year. If such an
offence has been committed by more than two collaborating people by using
violence, coercion or threat, each offender shall be punishable by prison terms
from two years to five years. If the mentioned offences are committed by the
collaboration of more than two people one of them being armed or by more than
three people at least two of them being armed with or without collaboration
between them, then such offenders shall be punishable by prison terms of 5 to 8
years.
OFFENCES
RELATING TO PRIVATE RADIO AND TV BROADCASTING
Article 149/A - (Added: 3959 28.12.1993) If a private
radio or TV channel with national broadcasting breaches the provisions of
Article 55/A of the present law or a rule determined by the Supreme Board of
Elections, then the Supreme Board of Elections may decide that such channels
stop their broadcasting for five to fifteen days. If such an offence is
committed by a local private radio or TV channel, then the provincial board of
elections may decide that the local private radio or TV channel in question
should stop its broadcasting for three to seven days.
Such
decisions shall be executed by the highest relevant civil authorities.
The
responsible officials of a private radio or TV channel which has breached the
provision of the first paragraph shall be punishable by fines from 1 billion to
five billion TL by the relevant court. The responsible officials of a local
radio or TV channel which has breached the provision of the first paragraph
shall be punishable by fines from 10 million TL to 100 million TL by the
relevant court. In the event of recurrence, the penalties shall be tripled.
For penalties to be inflicted
under that paragraph, Article 119 of the Turkish Penal Code shall not be
applicable. (*)
OFFENCES AGAINST AN ELECTION
RALLY COMMITTEE
Article 150 Election rally organisers who have not
formed the committee mentioned in Article 51 or failed to notify the relevant
authorities and those committee members who have not fulfilled the duties
described in the mentioned article shall be punishable by prison terms from
fifteen days to three months.
BAN ON ELECTIONEERING
ACTIVITIES
Article 151 (Amended: 2839 10.6.1983) Those who
organise or attend election rallies or conduct electioneering activities in
public places after 18.00 on the eve of the election day and on the election
day or those who invite people to such rallies or activities or those who
conduct electioneering activities in verbal, written or whatever form which may
disturb the order of the elections or affect the complete freedom of casting
votes and those who spread misleading rumours shall be punishable by prison
terms from three months to six months and by fines from 15,000 TL to 75,000 TL.
(Amended: Last paragraph: 3959
15.12.1993) Those who breach the prohibitions specified in Articles 58, 60 and
61 shall be punishable by prison terms from six months to 1 year and by fines
from one million to five million.
(*) Applicable to only the first
general elections under Provisional Article 1 of Law no. 3959 dated
Article 152 (Amended: paragraph 1: 10.06.1983
2839 s. Y. M.49) Those who provide or promise to provide to one or more voters
benefits or valuables or public or private positions or services and benefits
in exchange for voting for him/her shall be punishable by prison terms from one
year to three years. This provision shall apply even if such benefits
promised or provided consists of the travel, food and beverage expenses
of voters.
A voter who has accepted the
above-described benefits or promises thereof shall be punishable by the same
penalties.
Penalties shall be doubled for
those who have committed these offences by using violence, threat or coercion.
PREVENTING PEOPLE FROM CASTING
VOTES
Article 153 (Amended: 2839 10.6.1983) Those who
confine voters to a place preventing them from going to polls stations for
purposes described above or those who prevent voters from moving from a village
or quarter or other settlement in order to go to polls stations shall be
punishable by prison terms from one year to four years.
If
such offences also involve undue influence of civil servants or undue influence
of any other person, the prison term to be inflicted shall not be less than 2
years.
BREACHES
OF PROVISIONS CONCERNING CANDIDATURES AND PEOPLE WHO ARE BANNED FROM
ELECTIONEERING ACTIVITIES
Article 154 (Amended: 2234 17.5.1979) Those civil
servants and judges who stand for elections without observing the rules set by
specific laws and those armed forces officers, military civil servants and
non-commissioned officers, having applied for resignation in order to stand for
elections and having their resignation accepted, do not leave their position
and conduct electioneering activities wearing their official uniforms or carry
out any activities for the same purpose shall be punishable by fines from 2,500
TL to 10,000 TL.
If
judges and people who are considered judges and armed forces members and civil
servants and employees mentioned in the second paragraph of Article 62 of the
present law conduct electioneering activities or otherwise encourage or
influence others for or against candidates (whether party member or
independent) during the period from the beginning date of the elections as
determined by the relevant specific law to the end of the casting of votes,
then such people shall be punishable by prison terms from three months to one
year and by fines from 2,500 TL to 10,000 TL, the penalties provided by other
laws being reserved.
Those
who do not observe the prohibitions set by Article 63 shall be punishable by
prison terms from six months to one year and by fines from 5,000 TL to 25,000
TL.
FAILURE
OF THE PRIME MINISTER AND MINISTERS TO OBSERVE PROHIBITIONS
Article 155 (Amended: 2234 17.5.1979) Those who do
not observe the prohibitions set in articles 64, 65 and 66 shall be punishable
by prison terms from three months to one year and by fines from 2,500 TL to
10,000 TL.
OTHER
OFFENCES CONCERNING ELECTIONEERING
Article 156 For people who have committed
electioneering offences for which no penalty has been specifically determined
by the present law, the first paragraph of Article 526 of the Turkish Penal
Code shall be applicable.
DESTRUCTION
OF PRINTED MATERIALS
Article 157 (Amended: 2839 10.6.1983) Those who
prevent printed electioneering materials from being distributed or published or
those who destroy such materials shall be punishable by prison terms from three
months to six months.
CAUSING
DISORDER AT POLLS STATIONS
Article 158 (Amended: 2234 17.5.1979) Voters who
insist on not fulfilling their duties concerning the casting of votes at polls
station as specified by the present law shall be punishable by fines from 500
TL to 1,000 TL.
INAPPROPRIATE
BEHAVIOUR BY VOTERS AT POLLS STATION
Article 159 (Amended: 2839 10.6.1983) Voters who
insist on not leaving the ballot box after casting their vote or try to
influence other voters shall be punishable by terms of prison from three months
to one year and by fines from 3,000 TL to 15,000 TL.
Article 160 (Amended: 2234 17.5.1979) (Amended:
First paragraph: 2839 10.6.1983) Those who try to or do cast a vote though
they know that they are not eligible shall be punishable by terms of prison
from two years to five years and by fines from 5,000 TL to 25,000 TL.
(Amended:
paragraph 2: 2839 10.6.1983) Those who try to or do cast a vote pretending
being someone else shall be punishable by terms of prison from three years to
five years and by fines from 10,000 TL to 50,000 TL.
Those
who try to or do cast a vote at a second ballot box (after casting their vote
at another ballot box) shall be subject to the provision of the second
paragraph.
OFFENCES
CONCERNING BALLOT BOXES
Article 161 (Amended: 2234 17.5.1979) (Amended:
First paragraph: 2839 10.6.1983) Those who displace or move or open a ballot
box for whatever reason without observing the relevant procedure or without
authority or steal or destroy a ballot box or take out of a ballot box ballot
paper envelopes and steal or destroy them or replace them by other ballot
papers or steal or destroy ballot paper envelopes which have already been taken
out of a ballot box or replace them with other ballot papers shall be
punishable by prison terms from three to five years and by fines from 10,000 to
75,000 TL.
If
such offences are committed by using violence or coercion or fraud, then the
penalty shall be doubled.
OFFENCES
ON BALLOT PAPERS
Article 162 (Amended first paragraph: 2839 10.6.1983)
Those who destroy or steal or alter ballot papers of political parties or
independent candidates or any other documents relating to the elections or
prevent their transportation to polls stations or distribution shall be
punishable by prison of terms from one to three years.
If
such an offence has been committed by using violence or coercion or fraud or by
more than one person one of them being armed or by breaking into a residence or
a political party building, then the penalty shall be doubled.
If
such an offence is committed by an official person in charge, then the penalty
specified in the paragraph above shall be applicable.
A BOARD CHAIRMAN OR MEMBER CAUSING
DISORDER DURING CASTING OF VOTES
Article 163 (Amended: 2234 17.5.1979) If a board chairman
or member hinders partially or completely election operations or the casting of
votes through unlawful acts or wilfully cause elections to become void, then
such offender shall be punishable by prison terms from two years to five years
and by fines from 10,000 TL to 50,000 TL.
If a
board chairman or member fails to announce election results or to post the
record or abstains from giving documents to the concerned as required by law,
then such offenders shall be punishable by the same penalty.
SITUATIONS
WHICH MAY AFFECT THE RESULTS OF THE ELECTIONS
Article 164 (Amended: 2234 17.5.1979) 1.
(Amended: 2839 10.06.1983) Those who cast a vote or cause a person to cast a
vote by affixing a fictitious signature or stamping a seal or stamping a finger
on a ballot box voters list pretending being someone else who has not showed
up at the polls station shall be punishable by prison terms from three years to
five years and by fines from 15,000 to 75,000 TL.
2. If
such an offence has been committed by a board chairman or member or an official
employee in charge, then the penalty specified above shall be aggravated by
half.
3.
(Amended: 2839 10.6.1983) Those who alter or cause someone else to alter the
election results or forge in part or in whole fake election records or provoke
others to do so shall be punishable by prison terms from five to eight years.
4. If
the offences described in the paragraph above are committed by a board chairman
or member, then the offenders shall be punishable by prison terms from five to
ten years.
5.
Those who remove the special paint applied after casting his/her vote or makes
it invisible by whatever means and try to or do cast a second vote shall be
punishable by prison terms from six months to two years and by fines from 2,500
TL to 25,000 TL. If a ballot box chairman or member wilfully annihilate or
destroy the paint stock mentioned in the present paragraph after receiving it
from the county board of elections or abstains from applying it to the
designated organ of a voter or paint the designated organ of a voter not with
that paint but by another one and those persons who compel a voter or a ballot
box board chairman or member to commit such offences shall be punishable by the
penalty specified in the present paragraph aggravated by a third or half.
Those
who compel a board to commit the offences specified in the third paragraph
shall be punishable by the penalty specified in the third paragraph aggravated
by one third or half.
If
such an offence involves provision or promise of benefit to a board member,
then the penalty specified in the fourth paragraph for those who provide or
promise benefits to board members shall be applicable aggravated by one third
or half.
IGNORING
COMPLAINTS OR OBJECTIONS
Article 165 (Amended: 2234 17.5.1979) If a board
chairman or member refuses to record an objection or complaint that must be
recorded under the present law lodged by a person eligible for objection or
complaint, then such board chairman or member shall be punishable by prison
terms from one month to one year and by fines from 1,000 TL to 5,000 TL.
OBJECTIONS
LODGED WITH BAD FAITH
Article 166 (Amended: 2234 17.5.1979) Those who
lodge an objection against an election return or against the eligibility of an
elected person without ground and with bad faith shall be punishable by prison
terms from three months to six months and by fines from 5,000 TL to 20,000 TL.
COMPLAINTS
LODGED WITH BAD FAITH
Article 167 Those who lodge an objection or
complaint with bad faith for the purpose of hindering the proper conduct of the
casting of votes or preventing election boards from properly fulfilling their
functions or delaying the results of the counting of votes shall be punishable
by the penalty specified above.
MISCELLANEOUS
Article 168 (Amended: 2839 10.6.1983) Those who
tear, alter or remove posted copies of returns showing the results of the
elections shall be punishable by prison terms from six months to one year.
OFFENCES
AGAINST NOTICES ISSUED BY OFFICIAL AUTHORITIES
Article 169 (Amended: 2839 10.6.1983) Those who
prevent declarations and notices issued by authorities in relation to the
elections from being announced or posted or tear or alter or remove them shall
be punishable by prison sentences from three months to six months.
NON
OBSERVANCE OF THE PROHIBITION ON ALCOHOLIC DRINKS
Article 170 (Amended: 2839 10.6.1983) Those who
sell or serve or consume in public places alcoholic drinks and those who sell or
buy alcoholic drinks in bulk or in bottle in whatever manner on the election
day while the casting of votes is underway shall be punishable by prison terms
from three months to six months.
CARRYING
WEAPONS
Article 171 (Amended: 2234 10.5.1979) Those who
breach the prohibition on carrying weapons set in Article 79 shall be
punishable by a fine from 2,500 TL to 10,000 TL, the provisions of Law no. 6136
being reserved.
NON
OBSERVANCE OF INVESTIGATION PROCEDURES
Article 172 Those who fail to observe the
prohibitions specified in the article on the procedures of investigation shall
be punishable by prison terms from six months to one year.
CHAPTER EIGHT
PROCEDURES AND MODES OF PURSUIT
TIME OF INVESTIGATION
Article 173 Investigation on election offences
specified in the present law committed by people in charge of election
operations on the election day or during the 24 hours
preceding the election day shall be carried out on the day following the day
when the election records that must be drawn up by the board in question are
drawn up.
No
investigation shall be carried out about a voter except f or capital offences
and judgements that must be executed and warrants of arrest issued by the
relevant authority and offences that are within the jurisdiction of courts of
first instance under Law no. 3005 where no delay is tolerable for reasons such
as loss of evidence. No administrative or fiscal measure shall be taken on the election day and during the three days that precede the
election day that would deprive a voter from his/her freedom or from his/her
ability to cast his/her vote.
EXECUTION
OF GENERAL PROVISIONS
Article 174 Those who have committed one of the
offences mentioned in the present law or those who must be punished under
general provisions for an offence related to the execution of the present law
shall be investigated under general provisions regardless of their title or
position.
Investigations
and preliminary investigations on provincial governors shall be conducted by a
Chief Prosecutor. The preliminary investigation may be conducted by a member of
the Supreme Court of Appeals appointed by the President of the Supreme Court of
Appeals, if necessary. The case shall be tried by the criminal department of the
Supreme Court of Appeals which has jurisdiction under general provisions.
The
Chief Prosecutor may have the preliminary investigation conducted by his/her
assistants. However, it shall be the Chief Prosecutor who will decide whether a
public action should be commenced or whether no investigation is needed.
During
the preliminary investigation, it shall be that member of the Supreme Court of
Appeals who is authorised to conduct the preliminary investigation who will
issue the warrant for an arrest, release, police record or search requested by
the Chief Prosecutor.
Objections
against a decision by the Chief Prosecutor for the rejection of an
investigation and against decisions delivered by the Supreme Court of Appeals
member under the paragraphs above during the preliminary investigation shall be
examined and resolved by a Department Director of the Supreme Court of Appeals
to be appointed by the president of the Supreme Court of Appeals.
For
those decisions delivered by the Supreme Court of Appeals member during the
preliminary investigation that must be ratified, the authority to ratify such
decisions shall be the appointed Department Director of the Supreme Court of
Appeals.
Objections
against decisions ratified by such Department Director of the Supreme Court of
Appeals shall be examined and resolved by the President of the Supreme Court of
Appeals.
Preliminary
investigations on county governors shall be conducted by the Chief Prosecutor
and an investigating magistrate of the nearest provincial central town.
Decisions for the commencing of a public action and for a final investigation
shall also be taken by such Chief Prosecutor and investigating magistrate. The
case shall be tried by a court of that jurisdiction.
The
provisions of the Law on Judges are reserved.
The
concerned parties and political parties may commence a public action or become
an intervening party in a public action by lodging a complaint under the Law on
Criminal Procedures.
PROCEDURE
OF INVESTIGATION
Article 175 For offences mentioned in the present
law other than those which are liable to criminal penalties, investigations
shall be conducted under Law no. 3005 provided that the time-limits specified
in Article 173 are observed.
RIGHT
TO ANSWER DURING ELECTIONS
Article 176 Real persons and legal entities shall
have the right to answer express or implied statements published in a
periodical against them touching their dignity or affecting their interests
during the elections under Article 19 (amended by Law no. 143) of Law no. 5680
and to ask for a correction.
Such
real persons or legal entities may approach the police court magistrate to give
their answer or to ask for correction. Their text can also be notified by cable
provided that the cost is covered by the applicant.
However,
after the seven days preceding the election day, the
concerned shall be content with the judgement of the police court magistrate.
Those
who do not abide by the provisions above shall be subject to the provisions of
the Press Law.
CASES
THAT CANNOT BE TRIED BY A BOARD MEMBER JUDGE
Article 177 A judges who is the chairman or a
member of a provincial or county board of elections shall not try cases related
to election offences committed in his/her election district.
In the
event there are no other judges in that district to try such cases or no court
can be formed, such cases shall be tried by a court or judge on duty of the
same rank in the closest jurisdiction.
EVIDENCE
VALUE OF RETURNS
Article 178 For offences mentioned in the present
law other than those which are liable to criminal penalties, reports drawn up
by boards shall be considered valid unless they are proved to be forged.
ELECTION
OFFENCES
Article 179 For the purposes of the present law an
election offence means offences committed by people appointed by the present
law to conduct election operations in relation to their function and by others
who breach the provisions of the present law.
DURATION
OF TRIAL
Article 180 (Amended: 2234 17.5.1979) (Amended:
First paragraph: 2839 10.6.1983) A public action arising from an election
offence must be commenced within two years from the date the elections are
over. Otherwise no investigation shall be commenced.
The
time span between the date of the application for commencing a public action
or, in the case of offences that require a warrant, for obtaining a warrant or
ruling and the date such warrant or ruling is issued shall not be included in
the duration of a trial. However, such time span shall not exceed three months.
CHAPTER
NINE
MISCELLANEOUS
ELECTION
EXPENSES
Article 181 (Amended: 2234 17.5.1979) The
expenses of the Supreme Board of Elections and of the General Directorate of
Voters Registers and all other election expenses shall be covered out of the
general budget. The necessary funds shall be shown in a special program in the
budget of the Ministry of Justice.
The
chief authority to issue orders of payment out of these funds shall be the
Chairman of the Supreme Board of Elections. The Chairman may delegate its
powers to the General Directorate of Voters' Registers. The General Director
may also be allowed to delegate these powers.
For
expenses that must be made on the spot, the authority to issue payment orders
shall be the chairman of the concerned provincial or county board of elections.
REMUNERATION
Article 182 (Amended: 3403 10.9.1987) (Amended:
First Paragraph: 4448 26.8.1999) The daily fees to be paid to chairmen and
members of election boards and to other persons to be employed for the
elections and to civil servants and other employees to do overtime work for the
elections, to political party representatives and to other people to be
employed shall be determined by the Supreme Court of Elections, provided that
the daily fee does not exceed the amount to be found by multiplying 600 (six
hundred) by civil servants monthly pay coefficient. No tax shall be imposed on
those fees.
The
travel expenses of those who have to leave their residence place shall be
covered under the Law on Travel Expenses of Civil Servants.
PROCUREMENT
AND ADVANCE MONIES
Article 183 (Amended: 2234 17.5.1979)
Procurements and leasing for the operations to be conducted under the present
law shall not be subject to Law no. 2490. No announcement shall be required.
For
all sorts of election expenses, justice authorities of provinces and counties
may pay up to 100,000 TL in advance money to their paymasters subject to the
approval of the chairman of the concerned provincial or county board of
elections. Monies may also be paid to top up the advance to the above-mentioned
limit as the initial amount is spent.
The
Supreme Board of Elections may increase the amount of the allowable advance
money.
(Added
paragraph: 3377 23.5.1987) The operations of procurement, service,
manufacturing, lease and transportation to be conducted for the operations
under the present law shall not be subject to Law no. 2886 on Government
Tenders. No announcement shall be necessary.
STORAGE
OF ELECTION MATERIALS
Article 184 Seals of election boards, forms relating
to election operations, printed books and other materials shall be stored at
the depository offices of the justice authorities of provinces and counties and
ballot boxes and voting booths at the office of aldermen in villages and at
municipalities in towns.
EXEMPTION
Article 185 All documents to be drawn up and all
applications to be made under the present law and all decisions of the election
boards shall be exempt from duties.
PAPER
REQUIREMENTS OF POLITICAL PARTIES
Article 186 If political parties chose to procure
their paper requirements from state-owned or state-affiliate paper mills, then
the Supreme Board of Elections shall do the necessary to satisfy such
requirements. The cost of the paper shall be covered by the concerned political
party.
The
requests of the Supreme Board of Elections concerning paper supply shall be
satisfied promptly and with priority by the concerned authorities and paper
mills.
OPERATIONS
TO BE CONDUCTED BY THE SUPREME BOARD OF ELECTIONS
ADDITIONAL ARTICLE 1 (533 13.2.1965) (Amended: 1700 24.3.1973)
The Supreme Board of Elections shall have announcements broadcast through the
radio channels of the government at news times and at other suitable times in
order to rouse the consciousness of the people about the elections and to
inform them about the formation of permanent voters registers, first voters
census and registration operations, inscription operations to be repeated,
audits, the forming, posting and removing of ballot box voters lists,
objections and additional registration operations, distribution of voter
information cards and casting of votes and other issues and the time-limits for
such matters.
Provincial
and county boards of elections shall also issue announcements of that nature
trough customary means of communication.
The
radio channels of the government shall not charge the Supreme Board of
Elections and provincial and county boards of elections for such announcements.
In
order to assure that each and every voter is registered and figures in the
ballot box voters lists and that all of the voter information cards are
distributed, the Supreme Board of Elections shall issue notices to let the
concerned know what is to be done. Chairmen of provincial and county boards of
elections shall assure that their employees receive the required training and
fulfil their duties properly in accordance with the notices of the Supreme
Board of Elections.
ADDITIONAL ARTICLE 2 (656 14.7.1965) All matters that must
be announced by virtue of law or due to a necessity by the Supreme Board of Elections
through the radio and all matters that must be announced by virtue of law or
due to a necessity by provincial boards of elections on the local radio
channels of their province shall be announced through radio channels free of
charge (for radio channels broadcasting in Turkey).
ADDITIONAL ARTICLE 3 (656 14.7.1965) For counties and
elections to be designated by the Supreme Board of Elections, during the period
from the beginning of the elections to the drawing up of election returns, the
regular functions of the judges who act as chairmen of county boards of
elections shall be fulfilled, in part or in whole, by other judges to be
appointed by the Higher Board of Magistrates. The extent and manner of such
appointment shall be determined by the concerned judge.
ADDITIONAL ARTICLE 4 (2234 17.5.1979) The Supreme Board of
Elections may change the dead-lines and time-limits for applications for
candidature, examination of candidatures, objections against candidatures, resolution
of objections, provisional and definitive announcement of candidates and other
similar election operations and other dead-lines and time-limits specified by
the present law, if it finds it necessary. Such decision of the Supreme Board
of Elections shall be promptly announced together with the reason for the
change. The power to change dead-lines and time-limits shall not be exercised
in cases where candidates presented by political parties are involved.
ADDITIONAL ARTICLE 5 (3270 28.3.1986) The rules concerning
the form of ballot papers to be used for referendums for amendments to the
Constitution, procedures of casting of votes, counting and sorting out of
votes, determination of invalid votes, recording of results, summing up
operations by provincial and county boards of elections and by the Supreme
Board of Elections for referendums and the broadcasting of the opinions of the
proponents and the opponents of the subject of the referendum in the Grand
National Assembly and the opinion of the President of the Republic and the
results of the referendum through The Turkish Radio and Television Institution
channels shall be determined by the Supreme Board of Elections taking into
account the relevant provisions of the present law.
ADDITIONAL ARTICLE 6 (3330 19.2.1987) The prohibitions
specified in the present law shall not be applicable to ceremonies relating to
National Days, provinces' Liberation Days, ceremonies for welcoming and
seeing-off the President of the Republic and ceremonies for welcoming and
seeing off visiting foreign heads of state and heads of government and
ministers and opening days of judicial years and university scholar years and
inaugurations of international congresses and fairs and natural disasters.
During
the period from the beginning day of the electioneering activities to the day
following the election day, the prohibitions established in Articles 63 and 64
shall not apply to the customary economic, commercial and marketing activities
of departments, institutions and entities mentioned in Article 62 and of
establishments subject to the Banking Law which must be conducted pursuant to
law or to administrative decisions unless such activities are intended to
influence the votes of citizens.
ADDITIONAL ARTICLE 7 - (3617 - 15.3.1990) If deputies and
civil servants who have stood for elections or primary elections for local
government elections or general elections or mid-term elections (except for
armed forces officers and non-commissioned officers) fail to be elected or to become
a candidate, they may return to the position they had left or to another
position which is equivalent to their previous position as far as remuneration
is concerned, provided that they apply within one month following the
announcement of the results of the elections by the Supreme Board of Elections.
PART
TEN
PROVISIONAL
ARTICLES
PROVISIONAL ARTICLE 1 - (It was about the formation of the
Supreme Board of Elections and of provincial and county boards of elections
within three to seven days and is now void.)
PROVISIONAL ARTICLE 2 - (It was about the expenses of the 1961
elections and is now void.)
PROVISIONAL ARTICLE 3 - The provisions which require that to
stand for elections political parties must have set up their organisation six
months ago and already held their first general assembly meeting shall not be
applicable to the first elections of each kind to be held after the
announcement of the present law, the provisions of Articles 19 and 23 requiring
that political parties must have set up their organisation in at least 15
provinces and their counties being reserved.
PROVISIONAL ARTICLE 4 - (It was about the present law's being
also applicable to the referendum on the adoption of the Constitution and is
now void.)
PROVISIONAL ARTICLES 5 - 10 (Added: 347 - 16.8.1961) (They were about
the 1961 elections and are now void).
PROVISIONAL ARTICLE 11 - (Added: 1700 - 24.3.1973) Chairmen of
county boards of elections may exercise their power granted in Article 33 to
recruit personnel for the permanent voters' registers offices until the
necessary staff is recruited for these offices as provided for in Article 29.
The mode of fulfilling these functions shall be determined by the Supreme Board
of Elections.
In
counties where appointments of chiefs and subordinates to permanent voters'
registers offices have remained incomplete for whatever reason, the paragraph
above shall apply. (*)
PROVISIONAL ARTICLE 12 - (Added: 2181 - 20.2.1979) The audit on
voters registers that should be conducted in March and April of 1979 by virtue
of Article 35 and following articles amended by Law no. 1700 dated 24.03.1973
of Law no. 298 dated 26.04.1961 has been postponed for one month. This audit
shall be conducted, exclusively for 1979, only in the (C) group provinces where
the elections for the renewal of 1/3 of the Senate of the Republic and in the
provinces where mid-term elections shall take place for vacant seats in the
Senate of the Republic and in the Grand National Assembly. (*)
PROVISIONAL ARTICLE 13 - (Amended: 2234 - 17.5.1979) The office
term of the members of the Supreme Board of Elections who are holding office as
of the date of promulgation of the present law shall expire in January 1981. In
the first week of December 1981, three members from each of the Supreme Court
of Appeals and from the Supreme Council of State shall be selected by drawing
of lots. The drawing of lots shall be conducted by the chairman of the Supreme
Board of Elections in the presence of the members of the Supreme Board of
Elections. The names of the Chairman and the Deputy Chairman shall not be
included in the drawing of lots.
(*)
These provisional articles were assigned the numbers (11) and (12) by Article 2
of Law no. 2234 dated
In the
first week of January 1981, elections shall be held at the general assemblies
of the Supreme Court of Appeals and of the Supreme Council of State for the
three seats vacated due to the drawing of lots mentioned above.
The
elections for the rest of the seats shall be held in January 1983.
PROVISIONAL ARTICLE 14 - (Added: 17.5.1979) In the last week of
the one month period following the promulgation of the present law, provincial
boards of elections shall be formed using the method described in Article 15
and county boards of elections using the method described in Articles 18 and
19. These boards shall be renewed in the last week of the month of January one
year after the month of January which follows the promulgation of the present
law.
PROVISIONAL ARTICLE 15 - (Added: 17.5.1979) According to Article
28 and following articles of Law no. 298 amended by Law no. 1700 dated
24.03.1973, those of the staff employed by the permanent voters' registers
offices attached to the Ministry of Justice which have not been found suitable
by the General Directorate for transfer to the General Directorate of Voters'
Register shall be appointed to other posts and their current posts shall be
cancelled.
PROVISIONAL ARTICLE 16 - (Added: 17.5.197) The
initial registration of voters shall take place on the first Sunday following
the sixtieth day after the promulgation of the present law.
The
information obtained from this initial registration of voters shall be arranged
in the form of lists by the relevant boards of elections and kept by county
boards of elections. The execution of Article 17 shall be based on the
information contained in these lists.
PROVISIONAL ARTICLE 17 - (Added: 2234 - 17.5.1979) Regarding the
voters' registers to be formed by the General Directorate of Voter's Registers
pursuant to the provisions of the present law and the preparation and
publication of ballot box voters' lists to be prepared in accordance with these
registers, priority shall be given to provinces where elections for the renewal
of the 1/3 of the Senate of the Republic and mid-term elections for the Senate
of the Republic and for the Grand National Assembly shall be held on 14 October
1979 and election districts where local government elections shall be held
during the period before the publication of initial ballot box voters' lists.
2.
Depending on the dates of the initial registration and of the elections
specified in the first paragraph, if the Supreme Board of Elections establishes
that it is not possible for the General Directorate of Voters' Registers to
prepare and announce the registers and ballot box voters' lists relating to the
election districts where these elections will be held due to shortage of time,
a) for the 1/3 third renewal elections for the Senate of the Republic and the
mid-term elections for the Senate of the Republic and for the Grand National
Assembly to be held on 14 October 1979, ballot box voters' lists to be prepared
on the basis of the lists prepared using the information from the initial
registration conducted under Article 16 by county voters' register offices
shall be used.
These
ballot box voters' lists shall be applicable for all of the local government
elections to be held in all election districts attached to these provinces.
b) The
rules of the preparation of the ballot box voters' lists for municipality
elections, municipality council and provincial council elections, village and
quarter alderman elections, aldermen council and aldermen committee elections
to be held during the period from the date of the promulgation of the present
law to the preparation of the ballot box voters' lists as specified in
paragraph (a) above and the rules of lodging objections against the preparation
of lists containing the information obtained during the initial registration
mentioned in paragraph (a) and the posting and removing of these lists, their
being partitioned into ballot box voters' lists and their becoming definitive
shall be determined by the Supreme Board of Elections.
PROVISIONAL ARTICLE 18 - (Added: 3330 - 19.1.1987) For elections
and for referendums to be held before the voters' registers have been
completely prepared and become functional as specified in Article 28, the rules
of registration in the register, drawing up of publicly displayed voters' lists
for alderman areas, their being publicly displayed, the duration of their
public display, the partitioning of ballot box voters' lists, their becoming
definitive and the updating of the voters' registers and the procedures and
time-limits for objections shall be determined by the Supreme Board of
Elections taking into account the characteristics of the elections.
PROVISIONAL ARTICLE 19 - (Added: 3330 - 19.2.1987) Renewal
elections shall be held in January 1990 for the vacant seats of those people
who have been appointed to the Supreme Board of Elections in January 1985.
PROVISIONAL ARTICLE 20 - (Added: 4265 - 5.6.1997) Renewal
elections shall be held in January 2000 for the vacant seats of those people
who have been appointed to the Supreme Board of Elections in January 1993.
PROVISIONAL ARTICLE 21 - (Added: 26.8.1999) Three people shall
be selected from the members elected to the Supreme Board of Elections from the
Supreme Court of Appeals and from the Supreme Council of State in January 1993
and January 1996 and three people shall be selected from those who have replaced
them by drawing of lots. The chairman and deputy chairman shall not be included
in the drawing of lots. For these six members, a renewal election shall be held
in the second half of January 2001. The renewal election for the other 5
members shall be held in January 2004.
PROVISIONAL ADDITIONAL ARTICLE 1 - (2812 - 5.4.1983) At the first general
elections to be held in accordance with the Law on Political Parties and the
Law on Elections to be prepared in accordance with the Constitution, the
voters' registers prepared for the referendum on the adoption of the
Constitution pursuant to Law no. 2687 dated 01.07.1982 shall be used after an
updating to be carried out in accordance with the relevant provisions of the
same law.
For
the updating, those who have not cast their votes at the Constitution
referendum shall be determined and the registers shall be posted at alderman
zones and those who do not figure in these lists and those who are registered
with a mistake in their name shall be allowed to apply to be registered or to
have their name corrected.
The
date of posting the lists and the period during which the lists will stay
posted and objections, documents required for objections, the date when
registers become definitive, the mode of registering previously non registered
voters and the conditions of registering them shall be determined by the
Supreme Board of Elections.
Of
those who do not figure in the voters' registers, those who have completed
their age of 21 before the date the voters' registers become definitive shall
be registered upon their application. Those whose exact birth date is not
recorded at the public register office shall be assumed to have been born on
the last day of their birth year.
PROVISIONAL ADDITIONAL ARTICLE 2 - (2812 - 5.4.1983) Those who have
abstained from being registered by registration employees although they are
eligible for voting according to Article 8 of Law no. 2687 dated 01.07.1982
shall not be pursued for that offence if they apply while the registers are
being posted under the present law and any criminal conviction related thereto
shall become null and void with all of its consequences. However, fines already
collected shall not be refunded.
Those
who have themselves registered that way shall be eligible for voting at general
elections, mid-term elections and local elections and referendums.
PROVISIONAL ADDITIONAL ARTICLE 3 - (2812 - 5.4.1983) Those who have not
cast their vote at the referendum although they are eligible for casting their
vote and registered in the voters' registers for a legal or actual excuse but
failed to notify such excuse within the time-limit or saw their excuse rejected
for lack of evidence or non observance of time-limit shall not be subject to
the prohibitions specified in the first paragraph of Article 12 of Law no. 2707
dated 24.09.1982 if they apply to the relevant county board of elections before
the removal of posted voters' lists and present their excuse.
The
rules governing the examination of such applications shall be determined by the
Supreme Board of Elections.
PROVISIONAL ARTICLE - (3377 - 23.5.1987) The Supreme Board of
Elections shall determine the election districts within one month from the date
of promulgation of the present law.
CHAPTER ELEVEN
FINAL PROVISIONS
LAWS ABOLISHED
Article 187 - Law no. 5545 on Parliamentary Elections
and Laws nos. 6272, 6438, 7037 and 7053 amending the mentioned law have been
abolished.
EFFECTIVE
DATE
Article 188 - The present law shall come into force on the day it
is published.
EXECUTION
Article 189 - The present law shall be executed by the Cabinet