Egypt: 2012 Supreme Presidential Elections Commission
Updated January 2012
Article 28 of the Constitutional Declaration and Article 5 of Law No.174 of 2005 entrust the HPEC with the supervision of the presidential election. The mandate of this judicial ad-hoc body covered the period starting with the launch of the candidate nomination process and ends with the declaration of the results. The HPEC was composed of the President of the Supreme Constitutional Court (SCC), who chairs the Commission, the President of the Cairo Court of Appeals, the most senior Vice-President of the SCC, the most senior Vice-President of the Court of Cassation, and the most senior Vice-President of the State Council. In accordance with Article 28 of the Constitutional Declaration, the HPEC is responsible for adjudicating electoral disputes. This article empowers the HPEC as the final decision-maker on electoral issues.
Article 8 of Law No. 174 of 2005 set out the duties of the HPEC, which are to:
- Set procedures for the candidate nomination process, set and announce the nomination period and supervise its implementation;
- Receive and examine applications of presidential candidates and verify if they meet the legal requirements;
- Compile and announce the final list of presidential candidates;
- Determine the starting and end dates of the presidential election campaign;
- Verify compliance with regulations governing election campaigns, including equal access of candidates to state-owned media, and deal with any violations;
- Supervise the polling and vote counting processes;
- Decide on all matters, including disputes referred by the General Election Committees supervising the elections at the governorate level;
- Within three days after receiving the consolidated election results from the General Election Committees, determine and announce the final results of the presidential election;
- Receive, evaluate and make a final decision on any complaints arising during the presidential electoral process. Unlike the SJEC, the HPEC's adjudications on electoral complaints carry the force of law and are considered final. As such, they can neither be revoked nor appealed by another body; and
- Decide on all issues related to the jurisdiction of the HPEC and any potential conflict of interest/jurisdiction.
The HPEC holds a General Secretariat (Article 7 of Law No. 174/2005), an inter-ministerial body whose membership is determined by the HPEC's chairperson. The work and mandate of the General Secretariat are determined by HPEC regulations. In the various governorates of the country, the General Elections Committees (or District General Committees) have the mandate to administer all polling stations within their territorial jurisdiction. The General Election Committees are composed of judges and members of judicial bodies. Their main functions are, among other things, to compile the polling results (aggregation of results), investigate all matters related to the voting process in the polling stations where they are on duty, decide on the validity and invalidity of ballots and issue reports to the HPEC headquarter in Cairo. For the 2012 presidential elections, the HPEC commenced work on 8 March 2012, It was headed by Counsellor Farouk Sultan and Counsellor Hatem Bagato was its Secretary-General.