Elections in Bhutan
Elections in Bhutan are conducted at national (Parliamentary) and local levels. Suffrage is universal for citizens 18 and over, and under applicable election laws. In national elections, also known as the general elections, political party participation is mainly restricted to the lower house of Parliament, and by extension, to the executive nominated by its majority
Bhutan has a national
The
Bhutan also conducts elections for offices in
Prior to 2007, Bhutan had a unicameral national parliament known as the
Recent elections
National Assembly
National Council
Local governments
Election laws
Bhutanese election laws are legislated by the Parliament of Bhutan. These laws cover candidacy, voter registration, campaigning, political parties, and procedural aspects of voting. As of 2011, election law has been codified by the Constitution of 2008,[2] Election Act of 2008,[3] Public Election Fund Act of 2008,[4] National Referendum Act of 2008,[5] National Council Act of 2008,[6] and National Assembly Act of 2008.[7] The Constitution provides a bare substantive and procedural framework, incorporating then-existing election laws insofar as they did not conflict. Notably, religious figures and institutions must remain above (out of) politics.[2] The Election Act of 2008, the most comprehensive of Bhutan's election laws, was passed by Parliament on July 28, 2008, and came into force on August 12, 2008, repealing all previous laws on elections to Parliament and Local Governments.[nb 1] The Election Act of 2008 is the latest Bhutanese legislation codifying substantive and procedural laws on constituencies, political parties and their candidates, campaigns, elections, electoral oversight, and suffrage.[3] It also defines a number of offenses related to elections and voting, supplementing the Penal Code.[nb 2] The National Referendum, Public Election Finance, National Assembly, and National Council, and Local Government Acts all regulate their particular subject matter within the framework provided by the Constitution and refined by the Election Act.[4][5][6][7][8]
Government commissions
The Election Act of 2008 establishes two financially and politically autonomous government commissions to oversee various aspects of elections, voting, and constituency
The Delimitation Commission is an ancillary commission whose sole function is to demarcate single-member constituencies for representatives in Parliament and Local Governments.[nb 6]
Election Commission
The
During elections, the Election Commission designates a senior government officer as Chief Election Coordinator in each
All Election Officers are bound by a code of conduct forbidding corruption, conflicts of interest, and acts or speech of a political nature. The same code of conduct mandates Officers to assist the "physically challenged," a category that includes the visually impaired, physically disabled, illiterate individuals, and inhabitants of remote areas.[nb 20]
Delimitation Commission
The ancillary Delimitation Commission consists of six persons: the Chief Election Commissioner and two Election Commissioners; the Secretary of the Ministry responsible for Urban and Municipal Administration; the Secretary of the Ministry responsible for Civil Registration and Census; and the Surveyor-General.
The Delimitation Commission divides
Constituencies
The Bhutanese electorate is composed solely of single member constituencies at both national and local levels.[nb 25]
The
The
The local
More locally, the
Most locally, the citizens of thromde (municipalities) directly elect between seven and ten members, including a Thrompon as executive, to the Thromde Tshogde.[nb 36][8][nb 37]
Voters
Every eligible voter may join or lead one political party provided they are not disqualified by other law; political parties meanwhile operate under their charters within the limits and requirements of the Election Act.[nb 40] Party members' rights are nonetheless assured a measure of due process: suspension or expulsion requires a reasonable opportunity for the member to be heard beforehand.
During elections, employers must give leave to vote for a reasonable time so long as employees give prior notice.[nb 41]
Electoral Rolls
Voters must be a member of exactly one local constituency, and must maintain an entry on that constituency's Electoral Rolls in order to vote.[nb 42] However, voters accomplish this by joining the general (parliamentary) Electoral Roll in their dzongkhag, which is kept and updated by the Dzongkhag Electoral Registration Officer; it is the Officer who sorts the voters into constituencies.[nb 43] The Officer issues every voter a voter photo identity card for use in polling[nb 44]
Electoral Rolls are published and open for public inspection under the Election Act of 2008.[nb 45]
Political parties
The Election Act of 2008 provides for the formation of political parties, provided they register and operate within, and swear to uphold, the Constitution and sovereignty of Bhutan. Registration requires an application process similar to incorporation, disclosing the essentials of the party leadership, membership, charter, and requirements including symbols and particular name and logo. Parties are required to promote democracy, and are forbidden to organize along status lines, including region, gender, language, or religion.[nb 46] The Election Commission denies applications of parties based on status, business concerns; of those with military or paramilitary structures; and of others within its discretion.[nb 47] Those that are accepted are registered and overseen by the Secretariat of the Election Commission.[nb 48]
All political parties must make annual disclosures including their assets, income, expenditures, and membership.[nb 49] Parties may derive income from registration fees, membership fees, and voluntary contributions from members within limits set by the Election Commission.[nb 50]
Political parties may be dissolved voluntarily, by the Supreme Court, or by removal from registers by the Election Commission.[nb 51]
Nominations, candidates, and campaigns
Only registered political parties may nominate candidates for election to the National Assembly, and may only field as many candidates as there are seats available. Nominations are generally scrutinized and handled by the Returning Officer and overseen by the Election Commission, and withdrawals are available both voluntarily and by subsequent finding of ineligibility.[nb 52] If the Returning Officer denies a nomination, appeals may be made to the Election Commission under a set procedure.[nb 53]
Political parties nominate candidates for partisan elections according to their charters.[nb 54] Otherwise, the Election Law of 2008 sets forth qualifications for candidates at all levels: all candidates must be citizens between ages 25 and 65, and must be members of the constituencies they represent. Candidates for Parliament must possess a formal university degree, while candidates for local offices need to produce be certificate of functionally literacy test to attest that they are adequately skilled. Furthermore, only candidates for the National Assembly may belong to a political party.[nb 55] Candidates must make public disclosures regarding professions,[9] income, assets and liabilities,[10][11][12] educational qualifications, and criminal record; the disclosure is reviewed by the Returning Officer.[nb 56] All candidates must also obtain a security clearance.[13] For non-partisan elections, a declaration of partisan non-affiliation must also be filed.[14] As part of their candidature, they also choose a symbol and appear on a list published by the Returning Officer.[nb 57]
Candidates are disqualified if they, inter alia, have ever been sentenced to imprisonment or found guilty of corruption in elections, are married to foreigners, is facing a pending felony, or holds any "office of profit." Members of the royal family and religious personalities are not eligible to participate in parties or the electoral process as they remain separate from politics and are treated to remain above politics.[nb 58]
"Offices of profit" are defined as various executive, judicial, and legislative offices, including those controlling appointments and the disbursement of state or public moneys. Offices of profit also include private business executives and boards of directors. The Election Act provides several civil service and public office exemptions; determinations on the issue are decided by the Election Commission, then reviewed by the High Court. (Office of Profit)[nb 59]
Campaigns must be conducted within proscribed periods, with equitable time reserved among candidates on electronic media. [nb 60] Campaign financing is also thoroughly regulated, from contributions to expenses.[nb 61] The Election Act contains an Election Code of Conduct that includes mandates and prohibitions for parties and candidates, including a bans on wearing of kabneys (which convey social and official status) in public campaigns, approaching voters at polling places, and holding public meetings within 48 hours of any poll.[nb 62]
Representatives
Political parties may retain Election Representatives in each constituency, and candidates can retain their own representatives during elections, including Polling and Counting Representatives. All such representatives must register with their respective Returning Officer.[nb 63] While an Election Representative is a party representative, a candidate representative attends and observes polling and counting on behalf of a single candidate.[nb 64]
Elections
The National Assembly is elected in primary and general rounds every five years, or whenever it is dissolved under the Constitution; the Election Commission must schedule elections at least 90 days in advance of either.[nb 65] The Election Commission must likewise schedule elections for the National Council within 90 days of the expiry of its five-year term.[nb 66] Local Governments, themselves subject to votes of confidence, must also have elections scheduled within 90 days of dissolution.[nb 67] The Election Act further provides for the Election Commission to announce dates for nominations and polling.[nb 68]
Polls are commenced as proscribed by the Election Commission and under the supervision of the Presiding Officer, who confirms the emptiness and operation of voting boxes and machines.[nb 69] Voting may be paused in the event of emergency, and the Election Act provides a detailed framework for its resumption.[nb 70]
Presiding officers direct the admission to polling stations, and must exclude all persons other than candidates and their representatives; voters and their children; those accompanying infirm persons; and Election Officers and civil servants working in connection with polling.[nb 71] To prevent impersonation, every voter must be marked with an indelible ink.[nb 72]
Dzongkhag Election Officers bear the responsibility of providing adequate and accessible polling stations, and notice to the populace of their location.[nb 73]
Secret ballots may be in the form of ballot papers or machines, and must appear in Dzongkha and English.[nb 74] In certain cases, ballots may be mailed by overseas officials, civil servants, and military.[nb 75] All ballot boxes and machines are sealed and secured at the end of voting by Presiding Officers and transmitted to Dzongkhag Election Officers.[nb 76] If ballots are destroyed or tainted by substantial error or irregularity, a fresh poll is required.[nb 77]
Exit polls outside polling stations are banned.[nb 78]
Votes are counted under the general supervision of the Returning Officer, supported by Counting Officers selected from among Election Officers so that no Officer counts the votes from his station.[nb 79] Those who can be present include candidates and their representatives; observers appointed by the Election Commission; counting staff; public servants aiding elections; and other persons authorized by the Election Commission.[nb 80] Votes are subjected to scrutiny, may be viewed but not touched by those other than counting staff, and may be rejected for a variety of reasons detailed below.[nb 81]
The result is tallied by the Returning Officer,[nb 82] and there is a separate procedure proscribed for recounts when demanded by a party, candidate, or representative within 24 hours of the result upon reasonable grounds.[nb 83] The results of any count or recount are published, and successful candidates are notified by their respective bodies.[nb 84]
In the event of disputes surrounding elections and candidates, the Election Act provides a substantive and procedural framework for petitions, trials, and withdrawals and abatements of petitions.[nb 85] The Election Act also provides a procedural framework for appeals to the Supreme Court for Parliamentary offices, and to the High Court for local government offices.[nb 86]
Challenging identity, provisional votes, and rejection of votes
Election Representatives may challenge the identity of voters and refer them to the Presiding Officer of the polling place.[nb 87] It is within the Officer's discretion to debar the voter,[nb 88] however if he finds a Representative's challenge to constitute harassment of voters or obstruction of smooth polling, the representative may be ejected.[nb 89]
Those voters whose identity likewise fails scrutiny of the Presiding Officer are allowed to swear an oath, file an affidavit, and cast a provisional vote, which is sealed in an envelope.[nb 90] The consideration of provisional ballots is left to the discretion of election commission, and no particular procedure is described under the Election Act.[nb 91]
Votes may otherwise be rejected if they are blank, are unauthenticated by the Presiding Officer, are illegible, indicate more than one selection for a given vote, or have been marked with an instrument not officially provided at the polling station.[nb 92]
National referendums
National referendums are governed by the
Offenses under the Election Act of 2008
The Election Act of 2008 codifies numerous offenses, supplementing the Penal Code, related to elections, punishments for which range from warning to felony convictions (three years or more imprisonment). Among the offenses listed are those related to breach of code of conduct, conducting exit polls, sale of alcohol during polling periods, and broadcasting political messages from outside Bhutan (misdemeanors) to making and accepting illegal contributions, influencing Commissions, canvassing poll places, campaigning or holding public gatherings within 48 hours of a poll (fourth degree felonies).[nb 100]
Bhutan faces some obstacles in its implementation of its envisaged fully participatory democracy. Citizens' participation in voting and running for office, delayed elections, electoral rolls, and voters' confidence in electronic voting machines (EVMs), have been notable issues in Bhutanese elections. Candidacy requirements including security clearance and extensive competence, legal, and documentary showings have served to dwindle numbers of available local government cadres. As a result, local government elections slated for 2008 were delayed until 2011. The political, though not electoral, landscape is largely male-dominated. Furthermore, other aspects of the
Delayed elections and government action
Between 2008 and 2011, delayed and staggered elections for local level government has resulted in an inability to form quora on the
Electoral rolls
Because of electoral rolls reflect census data on citizenship and origin, many would-be voters in 2011 were legally registered in
Participation
Between 2008 and 2011, recruitment and retention of Tshogpas, or local government council members, remained a serious issue. Obstacles range from lack of interest and lack of economic incentives to difficulty in compliance and obtaining accreditation under existing election laws. The functional literacy and skills test alone left many constituencies without the minimum of two candidates, leading to lengthy delay of the
In contrast, many lay monks and former lay monks, facing Constitutional hurdles in voting as well as registering and certifying as candidates, have actively sought to participate in elections and government since democratization.[2][24]
Electronic voting machines
In its elections, Bhutan uses 4,000 electronic voting machines (EVMs) produced in
Proposed amendments
In 2012, amendments were proposed that would change government funding of the ruling and opposition parties, oversight by the executive and parliament, and restrictions on partisan status. These amendments failed to gain the required endorsements of two-thirds of parliament, and were tabled without public deliberation.[26]
See also
- Bhutanese legislation
- Law enforcement in Bhutan
- Electoral calendar
- Electoral system
Notes
- ^ Election Act 2008: Preamble; §§ 1, 2
- ^ Election Act 2008: §§ 518–564
- ^ Election Act 2008: §§ 34, 35
- ^ Election Act 2008: §§ 36–42
- ^ a b Constitution: Art. 24
- ^ Election Act 2008: §§ 76–89
- ^ Election Act 2008: §§ 20–31
- ^ Constitution: Art. 2, § 19
- ^ Election Act 2008: §§ 32–37, 45
- ^ Election Act 2008: §§ 38–40
- ^ Election Act 2008: §§ 46, 47
- ^ Election Act 2008: § 44
- ^ Election Act 2008: §§ 49–51
- ^ Election Act 2008: §§ 52–55
- ^ Election Act 2008: §§ 56–58
- ^ Election Act 2008: §§ 59–63
- ^ Election Act 2008: §§ 64–68
- ^ Election Act 2008: §§ 69, 409–412
- ^ Election Act 2008: §§ 73–75
- ^ Election Act 2008: §§ 309–325
- ^ Election Act 2008: § 81
- ^ Election Act 2008: §§ 76–81, 90–99
- ^ Election Act 2008: § 86
- ^ Election Act 2008: §§ 87–89
- ^ Election Act 2008: §§ 3–19
- ^ Election Act 2008: § 4
- ^ Election Act 2008: §§ 5–7
- ^ Constitution: Art. 10, § 24; Art. 15, § 12
- ^ Election Act 2008: §§ 8–10
- ^ Election Act 2008: § 11
- ^ Constitution: Art. 10, § 24
- ^ Election Act 2008: §§ 12, 13
- ^ Local Government Act: §§ 7, 8
- ^ Election Act 2008: §§ 14–16
- ^ Local Government Act: §§ 9, 10
- ^ Election Act 2008: §§ 17–19
- ^ Local Government Act: §§ 11–15
- ^ Election Act 2008: §§ 100, 326–328
- ^ Election Act 2008: §§ 101–103, 326–328
- ^ Election Act 2008: §§ 154–156
- ^ Election Act 2008: §§ 338–342
- ^ Election Act 2008: §§ 101, 104–120
- ^ Election Act 2008: §§ 101, 104–108
- ^ Election Act 2008: §§ 109–111
- ^ Election Act 2008: §§ 112–118
- ^ Election Act 2008: §§ 131–136
- ^ Election Act 2008: §§ 137–141
- ^ Election Act 2008: §§ 143–145
- ^ Election Act 2008: §§ 152, 153
- ^ Election Act 2008: §§ 158–162
- ^ Election Act 2008: §§ 146–151
- ^ Election Act 2008: §§ 205–212. 216–229
- ^ Election Act 2008: §§ 237–244
- ^ Election Act 2008: § 157
- ^ Election Act 2008: §§ 175–178
- ^ Election Act 2008: §§ 213–215
- ^ Election Act 2008: §§ 230–232
- ^ Election Act 2008: §§ 179–184
- ^ Election Act 2008: §§ 163–174
- ^ Election Act 2008: §§ 267–276
- ^ Election Act 2008: §§ 277, 278–288
- ^ Election Act 2008: §§ 289–308
- ^ Election Act 2008: §§ 254–266
- ^ Election Act 2008: §§ 245–253
- ^ Election Act 2008: §§ 185–189
- ^ Election Act 2008: §§ 190–193
- ^ Election Act 2008: §§ 194–197
- ^ Election Act 2008: §§ 198–204
- ^ Election Act 2008: §§ 352–355
- ^ Election Act 2008: §§ 375–381
- ^ Election Act 2008: § 356
- ^ Election Act 2008: §§ 333, 334
- ^ Election Act 2008: §§ 335–337
- ^ Election Act 2008: §§ 345–348, 357
- ^ Election Act 2008: §§ 419–429
- ^ Election Act 2008: §§ 371–374
- ^ Election Act 2008: §§ 382–384
- ^ Election Act 2008: §§ 343, 344
- ^ Election Act 2008: §§ 385–392, 399–404
- ^ Election Act 2008: § 396–398
- ^ Election Act 2008: §§ 405–412
- ^ Election Act 2008: §§ 430–432
- ^ Election Act 2008: §§ 433–440
- ^ Election Act 2008: §§ 441–462
- ^ Election Act 2008: §§ 466–510
- ^ Election Act 2008: §§ 511–517
- ^ Election Act 2008: §§ 361–363
- ^ Election Act 2008: § 364
- ^ Election Act 2008: §§ 365, 366
- ^ Election Act 2008: §§ 367–369
- ^ Election Act 2008: § 406
- ^ Election Act 2008: § 407
- ^ Election Act 2008: §§ 565–574
- ^ Constitution: Art. 34
- ^ Election Act 2008: §§ 568, 569
- ^ Constitution: Art. 34, § 2; Art. 35, § 3
- ^ The Election Act of 2008 (§§ 565, 567) may be read to delegate outright discretionary initiation powers to the monarch; such an inconsistent reading is trumped by the Constitution (Art. 1, § 10; Art. 34, § 2).
- ^ Election Act 2008: §§ 566, 570, 571
- ^ Constitution: Art. 34, § 3
- ^ Election Act 2008: §§ 276, 324, 325, 344, 518–564
References
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- ^ Government of Bhutan. 2008-07-28. Retrieved 2011-01-30.[permanent dead link]
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- ^ Choden, Phuntsho (2010-05-12). "Delimitation delays local elections in Bhutan". OneWorld South Asia online. Retrieved 2011-05-20.
- ^ UNHCRRefworld online. Freedom House. 2011-05-12. Retrieved 2011-05-20.
- ^ Chandrasekharan, S. (2011-03-02). "BHUTAN: Local Council Elections and Update on Refugees: Update No. 89". South Asia Analysis Group (SAAG). Archived from the original on 2012-01-04. Retrieved 2011-05-20.
- ^ a b Sherpa, Sherpem (2011-01-21). Baerthlein, Thomas (ed.). "Bhutan holds first-ever local government elections". Deutsche Welle online. Retrieved 2011-05-20.
- ^ Tshering, Dechen (2011-04-16). "Tshogpa dearth for real". Kuensel. Retrieved 2011-05-21.[permanent dead link]
- ^ Namgyal, Gyembo (2011-05-03). "Where have the tshogpas gone?". Bhutan Observer online. Archived from the original on 2011-05-11. Retrieved 2011-05-21.
- ^ "When the candidates are illiterate". Bhutan Broadcasting Service. 2010-09-28. Archived from the original on 2011-09-27. Retrieved 2011-05-20.
- ^ Pelden, Sonam (2011-08-12). "Should Bhutan Have Leadership Quotas for Women?". Bhutan Observer online. Archived from the original on 2011-09-08. Retrieved 2011-09-08.
- ^ Wangdi, Tempa (2011-05-10). "Former lay monks enter politics". Bhutan Observer online. Archived from the original on 2011-07-13. Retrieved 2011-05-16.
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