Senate Election Law

Chapter I General Provision

Article 1
This law is subject to determipe the: procedures and functions of the appointmem,~delection of the Senators of the Kingdom of Cambodia as well as to determine electors, electoral colleges, and constituencies.

Article 2

The Senate shall compose of ~s many as half of the entire members of the National Assembly.

Article 3
The legislature of the Senate shall be within 6 years and shall expire when the new Senate comes into operation.

Article 4
Two Senators shall be appointed by His Majesty the King.

Article 5
Two Senators shall be elected in comparative majority by the National Assembly.

Article 6
Other Senators shall be elected by an indirect non- tmiversal election in the form of confidential votes.

Chapter 2
Electoral System, Constituencies, Seat Allocation, Electors, Electoral Colleges, List of Voters, and Polling Stations

Article 7 The election of the Senate shall be held once in every 6 (six) years, on Sunday of the 8th week prior to the end of the 6th year of its legislature, except the case as mentioned iI4the provision of Article 102 (new) of the Constitution.

Article 8 The election shall be implemented thro~ proportional representation system, and seat allocation by constituencies shall be done in formulation of the highest average as mentioned in Article 118 (new) of the Law on Election of the Members of the National Assembly.

Article 9
Electoral constituencies shall be classified into regions as listed below:
- I sl Region: Phnom Penh
- 2nd Region: Karnpong Cham - 3rd Region: Kanda!
- 4U1 Region: Battarnbang, Banteay Mean Chey, Simn-eap, CllirI\tbn ~, arrlP'dilin
- SUI Region: Takeo, Kampot, and Kep - 6U1 Region: Prey Veng and Svay Rieng - 7U1 Region: Karnpong Speu, Karnpong Chhnang, Pursat, Koh Kong, and Sihanouk ville
- 8U1 Region: Karnpong Thorn, Preah Vihear, Kratie, Stung Treng, Ratanak Kiri, and Mondul Kiri

Article 10
At least 6 (six) months before the end of its legislature, the Senate shall determine the numher of seats allo- cated in accordance to each constituency for the next legislature, and this shall be publicized. In case of failure to determine the new seat allocation in the Senate, the number of seats by regions shall be as the same number of seats as in the Senate in the last legislature.

Article 11
The electors and electoral colleges are members of the National Assembly, and the entire members of the CommWle/Sangkat coWlcils, who are in position within framework of each region.

Article 12
The National Election Committee (NEC) shall arrange a list of voters and endorse it at least 15 (fifteen) days prior to the election day. The validated list of voters shall not be amended.
TheNEC shall preliminarily publicize the list ofyoters at least 48 (forty.eight) days prior to the election day in towns within province/city.

Article 13
The NEC shall. set up the polling and counting stations in towns of each province/city.

Chapter 3
Registration of Political Parties and List of Candidates

Article 14 The registration of the political parties run for election shall begin 90 (ninety) days prior to the election day.

Article 15
The political parties run for election shall have a list of full-right candidates as many as the number of seats of each region, and reserved candidates as the same number as full-right candidates by arranging them se- quentially as the same as the preparation list of candi- dates for the National Assembly.

Article 16
All modalities, conditions, and procedures on the reg- istration of political parties and candidates who nm for election of the members of the National Assembly shall be implemented for the election of the Senators.

Chapter 4
Candidates for the Senators

Article 17 Article 33 (new), 34 (new), 35 (new), 36 (new), 37 (new), 38 (new) and 39 of the Law on the Election of the members of the National Assembly, which were

1 . .. - .- dated on 26-12-1997 and Royal Decree No. NS/RD/ 0902/017 dated on 17-09-2002, shall be implemented for the candidates for the Senators, but these candi- dates require at least 40 (forty) years of age.

Chapter 5
Electoral Campaigns

Article 18
The electoral campaigns are subject for the candidates and political parties, which have been registered, to disseminate their policies and political platforms to the voters.

Article 19 The Electoral campaigns shall have 21 (twenty-one) days and all electoral campaign activiti~s shall end within 24 (twenty-four) hours prior to the election day.

Article 20
Article 71, 73, 74, 75, 76, 77, 80, 81, 82 and 83 of the Law on the Election of the members of the Na- tionalAssembly shall be implemented for the campaigns of the elections of the Senators.

Chapter 6
Political Party Representatives and Observers

Article 21
Article 21 (new), 27,28, and 29 (new) of the Law on the Election of the members of the National Assembly shall be implemented for the observation of the elec- tions of the Senators.

Chapter 7 Election Organization, Polling, Ballot Counting and Consolidation of Electoral Results

Article 22
The organization of the election of the Senators is the competence of the National Election Committee (NEC).

Article 23 By the fumiework of authority as mentioned in the Law on the Election of the members of the National Assembly, the, NEC may determine regulations and relevant procedures concerning the function of election of the Senators in addition to its current duties.

Article 24
The Polling shall be conducted only in one day.
The Pollirig shall start from 07 :00 (seven) in the morning until 15 :00 (fifteen) except there is any contrary decision made by the NEC.
If all voters in the list of voter have completely voted, the Polling Station Commission may announce to close the poll before 15:00 (fifteen).
The chief of the Polling Station Commission shall an- nounce to close the poll at 15:00 (fifteen).
All the persons who wish to cast their votes are not allowed to enter the compound of the polling station after 15:00 (fifteen).
The eligible persons who are allowed to vote after 15:00 (fifteen) are the ones permitted to stay in the polling station or inside the compound at 15:00 (fifteen). .;

Article 25
The Polling Station Commission shall be responsible for counting the ballots on the spot after announcing the close of the poll.

Article 26
TheProvinciallMwricipal Election Commission shall submit the record of the total results of the election in its own province/city to the NEC for consolidating the ~il1ts in each region.

Article 27 Other modalities and procedures of the polling, ballot counting and consolidation ofllie electoral results as mentioned in the Law ontheElection of the Members of the National Assembly shall be implemented for the election of the Senators.

Chapter 8
Competency Resolving Disputes on the Election of the Senators

Article 28

TheProvincial/Mwricipal Election Commission is the first body to make decision on disputes concerning

t~Q election of the members of the Senate.

In the even that there is any objection to the decision of the Provincial/Mwricipal Election Commission,

the NEC shall have competency to examine and decide.

Article 29 In the event that there is any objection to the decision of the NBC, the ConstitUtional Council shall have com- petency to make final decision or objection on all ap- peals on the disputes concerning the elections of the Senators.

Article 30
The dispute resolving procedures as mentioned in the Law on the Election of the members of the National Assembly shall be implemented in resolving disputes on the Elections of the Senators.
The official public holiday shall not be counted for days of appeals and decisions on complaints.

Chapter 9
Replacement of the Senators

Article 31
A Senator shall lose his/her membership due to any of the following cases:
- The concerned person is deceased.
- The concerned person has lost his/her professional aptitUde as certified by a competent ministry/institution
- The concerned person resigns in writing from his/her senatorial membership.
- The concerned person is sentenced by the court to
imprisonment due to any crime or offense. - The concerned person has lost his/her membership from his/her political party.
If any Senator loses his/her membership within 6 .( six) months at least before the end of the legislature, the concerned political party may request to appoint a new senator to replace with the alternate whose name ap- pears next to the former on the list of alternates with- out voting again.

Chapter 10
Budget

Article 32
Article 121 of the Law on the Election of the Mem- bers of the National Assembly shall be implemented in the elections of the Senators.

Chapter 11
Penalty
Article 33 Article 124 (new) 125 (new) 126 (new) 127 (new) 128 (new) 129 (new) 130 (new) 131 and 133 of the Law onthe Elections of the Members of the National Assembly shall be implemented in the elections of the Senators.

Chapter 12
Transitional Provisions

Article 34
The election of the Senators for the second legislature of the Senate shall be held on Sunday 22 January, 2006.

Article 35
After this law comes into effect, in order for the elec- tions to be held on Sunday 22, Jan~ 2006, the n~- ber of seats of the Senate to be elected shall be 57 (fifty seven). The number of seats by regions are listed as follows:
- 1 stRegion: PhnomPenh 6 seats
- 2nd Region: Kampong Cham 8 seats
- 3rd Region: Kanda! 5 seats
- 4th Region: Battambang, Banteay Mean Chey, Siemreap, Oddor Meanchey, andPailin 10 seats
- 5th Region: Takeo,KamJxx,arxlKep 7 seats
- 6th Region: PreyVengarxlSvayRieng7 seats
-7th Region: Kampong Speu, Kampong Chhnang, Pursat, Koh Kong, and Sihanouk Ville 8 seats
- 8th Region: Kampong Thorn, Preah Vihear, Kratie, Stung Treng, Ratanak Kiri, and Mondul Kiri6 seats These numbers of seats shall be immediately publicized.

Chapter 13
Final Provisions

Article 36
Any provision contrary to this law shall be nullified.

Article 37
This law shall be immediately promulgated.
This law was:
- Adopted by the National Assembly on 19 May 2005 at its second plenary session of the third legislature.
- Approved by the Senate on 30 May 2005 at its ninth plenary session of the first legislature.
- Declared constitUtional by decision N° 070/002/2005 CC.D dated 13 June 2005 of the Constitutional CoWlcil.
- Promulgated by Acting Head of State by Royal Decree NS/RD/0605/020 dated 20 JWle 2005.