Laws of the People's Republic of China

THE ELECTION LAW OF THE NATIONAL PEOPLE'S CONGRESS
AND LOCAL PEOPLE'S CONGRESSES OF THE
PEOPLE'S REPUBLIC OF CHINA

 (Adopted at the Second Session of the Fifth National People's Congress
on July 1, 1979; revised for the first time in accordance with the
Resolution on the Revision of Certain Provisions in the Electoral Law
of the National People's Congress and Local People's Congresses of
the People's republic of China, adopted at the Fifth Session of the
Fifth National People's Congress on December 10, 1982; revised for
the second time in accordance with the Decision on the Revision of
the Electoral Law of the National People's Congress and Local
People's Congresses of the People's Republic of China, adopted
at the 18th Meeting of the Standing Committee of the Sixth
National People's Congress on December 2, 1986)

SUBJECT: CONSTITUTION

ISSUING-DEPT: NATIONAL PEOPLE'S CONGRESS

ISSUE-DATE: 12/02/1986

IMPLEMENT-DATE: 12/02/1986

LENGTH: 4178 words

TEXT:

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II NUMBER OF DEPUTIES TO THE LOCAL PEOPLE'S CONGRESSES AT VARIOUS LEVELS

CHAPTER III NUMBER OF DEPUTIES TO THE NATIONAL PEOPLE'S CONGRESS

CHAPTER IV ELECTIONS AMONG MINORITY NATIONALITIES

CHAPTER V ZONING OF ELECTROAL DISTRICTS

CHAPTER VI REGISTRATION OF VOTERS

CHAPTER VII NOMINATION OF CANDIDATES FOR DEPUTIES

CHAPTER VIII ELECTION PROCEDURE

CHAPTER IX SUPERVISION, RECALL AND BY-ELECTIONS HELD TO FILL VACANCIES

CHAPTER X SANCTIONS AGAINST DISRUPTION OF ELECTIONS

CHAPTER XI SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

[Article 1] The Electoral Law of the National People's Congress and Local People's Congresses is formulated in accordance with the Constitution of the People's Republic of China.

[Article 2] Deputies to the National People's Congress and to the people's Congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall be elected by the people's Congresses at the next lower elvel.

Deputies to the people's congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships, nationaltiy townships, and towns shall be elcted directly by their consitituencies.

[Article 3] All citizens of the People's Republic of China who have reached the age of 18 shall have the right to vote and stand for election, regardless of ethic status, race, sex, occupation, family background, religious belief, education, property status or length of residence.

Persons who have been deprived of political rights according to the law shall not have the right to vote and stand for election.

[Article 4] Each voter shall have the right to vote only once in an election.

[Article 5] Elections shall be conducted separately in the People's Liberation Army, and the procedures for such elections shall be formulated separately.

[Article 6] the National People's Congress and the lcoal people's congresses in areas with a relatively large number of returned overeas Chinese shall have an appropriate number of deputies who are returned overseas Chinese.

Citizens of the People's Republic of China who reside abroad but who are in China during the election of deputies to people's congresses below the county level may take part in such elections conducted in their ancestral home town or place or domicile before they went abroad.

[Article 7] The standing Committee of the National People's Congress shall conduct the election of deputies to the National People's Congress.  The standing committees of the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall conduct the election of deputies to the people's congresses at the corresponding levels.

In cities divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns, election committees shall be established to conduct the election of deputies to the people's congresses at the corresponding levels.  The election committees of cities not divided into districts, municipal districts, counties and autonomous counties shall be under the leadership of the standing committees of the people's congresses at the corresponding level.  The election committees of townships, nationaltiy townships, and towns shall be under the leadership of the election committees of cities not divided into districts, municipal districts, counties and autonomous counties.

The standing committees of the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall direct the work of electing deputies to the people's congresses below the county level in their administrative areas.

[Article 8] Election funds for the National People's Congress and the local people's congresses at various levels shall be disbursed by the State Treasury.

CHAPTER II NUMBER OF DEPUTIES TO THE LOCAL PEOPLE'S CONGRESSES AT VARIOUS LEVELS

[Article 9] The number of deputies to the local people's congresses at various levles shall be independently decided by the standing committees of the people's congresses of the provinces, autonomous regions, or municipalities directly under the Central Government, in accordance with the principle of facilitating the convening of meetings and discussion and solution of problems as well as ensuring appropriate representation of all nationalities, all localities and people of all circles; the number of deputies so decided shall be reported to the Standing Committee of the National People's Congress for the record.

[Article 10] The number of deputies to the people's congresses of autonomous prefectures, counties and autonomous counties shall be allocated by the standing committees of the people's congresses at the corresponding levels, in accordance with the principle that the number of people represented by each rural deputy shall be four thimes the number of people represented by each twon depty.  Townships, nationality townships, and towns with exceptionally small populations shall have at least one depty in the people's congresses of their respective counties and autonomous counties.

In the administrative areas of counties or autonomous counties which have towns with exceptionally large populations, or have enterprises and institutions not under the leadership of the people's governments at or below the county level whose workers and staff account for a relatively large portion of the county's total population, the ratio between the number of people represented by a rural deputy and the number of people represented by a town deputy or a deputy of an enterprise or insitution may, upon a decision made by the standing committee of the people's congress of the province, autonomous region, or municipality directly under the Central Government, be smaller than four to one, even to the extent of one to one.

[Article 11] In municipalities directly under the Central Government, cities and municipal districts, the number of people represented by a rural deputy shall be greater than the number of people represented by an urban deputy.

[Article 12] The number of deputies to the people's congresses of provinces or autonomous regions shall be allocated by the standing committees of the people's congresses at the corresponding levels, in accordance with the principle that the number of people represented by each rural deputy shall be five times the number of people represented by each urban deputy.

CHAPTER III NUMBER OF DEPUTIES TO THE NATIONAL PEOPLE'S CONGRESS

[Article 13] Deputies to the National People's Congress shall be elected by the people's congresses of the provinces, autonomous regions, and municipalities directly under the Central Government and by the People's Liberation Army.

The number of deputies to the National People's Congress shall not exceed 3,000.  The allocation of the number of deputies shall be decided by the Standing Committee of the National People's Congress in accordance with existing conditions.

[Article 14] The number of deputies to the National People's Congress to be elected by the provinces, autonomous regions, and municipalities directly under the Central Government shall be allocated by the Standing committee of the National People's Congress in accordance with the principle that the number of people represented by each rural deputy shall be eight times the number of people represented by each urban deputy.

[Article 15] The number of deputies to the National People's Congress to be elected by minority nationalities shall be allocated by the Standing Committee of the National People's Congress, in light of the population and distribution of each minority nationality, to the people's congresses of the various provinces, autonomous regions, and municipalities directly under the Central Government, which shall elect them accordingly.  Nationalities with exceptionally small populations shall each have at least one deputy.

CHAPTER IV ELECTIONS AMONG MINORITY NATIONALITIES

[Article 16] In areas where minority nationalities live in concentrated communities, each minority nationality shall have its deputy or deputies sit in the local people's congress.

Where the total population of a minority nationality in such an area exceeds 30 percent of the total local population, the number of people represented by each deputy of that minority nationality shall be equal to the number of people represented by each of the other deputies to the local people's congress.

Where the total population of a minority nationality in such an area is less than 15 percent of the total local population, the number of people represented by each deputy of that minority nationality may be appropriately smaller, but shall not be less than half the number of people represented by each of the other deputies to the local people's congress.  In autonomous counties where the population of the minority nationality practising regional autonomy is exceptionally small, the number of people represented by each deputy of this minority nationality may, upon a decision made by the standing committee of the people's congress of the province or autonomous region, be less than half the number of people represented by each of the other deputies.  Other nationalities with exceptionally small populations shall each have at least one deputy.

Where the total population of a minority nationality in such an area accounts for not less than 15 percent and not more than 30 percent of the total local population, the number of people represented by each deputy of that minority nationality may be appropriately smaller than the number of people represented by each of the other deputies to the local people's congress, but the number of deputies of that minority nationality shall not exceed 30 percent of the total number of deputies.

[Article 17] In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships, and towns where a certain minority nationality lives in a concentrated community, the provisions of Article 16 of this Law shall apply to the election to the local people's congresses of deputies of other minority nationalitites and the Han nationality also living in concentrated communities in such areas.

[Article 18] With respect to minority nationalities living in scattered groups, the number of people represented by each of their deputies to the local people's congresses may be less than the number of people represented by each of the other deputies to such congresses.

In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships, and towns where a certain minority nationality lives in a concentrated community, the provisions of the preceding paragraph shall apply to the election to the local people's congresses of deputies of other minority nationalities and the Han nationality living in scattered groups in such areas.

[Article 19] In cities not divided into districts, municipal districits, counties, townships, nationality townships, and towns where various minority nationalities live in concentrated communities, the minority nationality electorates may vote separately or jointly in the election of deputies to the lcoal people's congress, depending on the relations between the nationalities and their residential situation in such areas.

In autonomous counties and in townships, nationality townships, and towns where a certain minority nationality lives in a concentrated community, the provisions of the preceding paragraphs shall apply to the election to the respective people's congresses of deputies of other minroity nationalities and the Han nationality living in such areas.

[Article 20] The electoral documents, roll of voters, voter registration cards, list of candidates for deputies, deputies' election certificates and election committee seals made or published by autonomous regions, autonomous prefectures and autonomous counties shall be in the written languages commonly used in the locality.

[Article 21] Other matters concerning elections among minority nationalities shall be handled with reference to the provisions of the relevant articles of this Law.

CHAPTER V ZONING OF ELECTORAL DISTRICTS

[Article 22] The number of deputies to the people's congresses in cities not divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns shall be allocated to the electoral districts, and elections shall be held in the electoral districts.  The zoning of electoral districts may be decided according to the voters' residence or on the basis of production units, institutions and work units.

CHAPTER VI REGISTRATION OF VOTERS

[Article 23] The registration of voters shall be conducted on the basis of electoral districts, and the voters' qualifications, confirmed through registration, shall have long-term validity.  Prior to each election, voters who have reached the age of 18 since the last registration of voters or who have had their political rights restored after a period of deprivation of political rights has expired, shall be registered.  Voters who have moved out of the electoral districts where they originally registered shall be included in the roll of voters in the electoral districts to which they have newly moved; those who are deceased or have been deprived of political rights according to law shall be removed from the roll.

Citizens who suffer from mental illness and are incapable of exercising their electoral rights shall, upon determination by the election committee, not be included in the roll of voters.

[Article 24] The roll of voters shall be made public 30 days prior to the date of election, and voter registration cards shall be issued.

[Article 25] Anyone who has an objection to the roll of voters may appeal to the election committee.  The election committee shall make a decision on the appeal within three days.  If the appellant is not satisfied with the decision, he may bring suit in the people's court at least five days prior to the date of election, and the people's court shall make a judgment before the date of election.  The judgement of the people's court shall be final.

CHAPTER VII NOMINATION OF CANDIDATES FOR DEPUTIES

[Article 26] Candidates for deputies to the national and local people's congresses shall be nominated on the basis of electoral districts or electoral units.

Political parties and people's organizations may either jointly or separately recommend candidates for deputes.  A joint group of at least ten voters or deputies may also recommend candidates.  Those who submit recommendations shall inform the election committee or the presidium of the congress of their candidates' backgrounds.

[Article 27] The number of candidates for deputies to the national and local people's congresses shall be greater than the number of deputies to be elected.

The number of candidates for deputies to be directly elected by the voters shall be from one third to 100 percent greater than the number of deputies to be elected; the number of candidates for deputies to be elected by various local people's congresses to the people's congresses at the next higher level shall be 20 to 50 percent greater than the number of deputies to be elected.

[Article 28] Candidates for deputies to the people's congresses to be directly elected by the voters shall be nominated by the voters in the various electoral districts and by the various political parties and people's organizations.  The election committee shall collect and publish, 20 days prior to the date of election, the list of nominees for deputies for repeated deliberation, discussion and consultation by voter groups in the respective electoral districts and shall decide, in accordance with the opinion of the majority of voters, upon a formal list of cnadidates to be made public five days prior to the date of election.

When a local people's congress at or above the county level is to elect deputies to a people's congress at the next higher level, the presidium of the lower people's congress shall refer the list of nominees proposed by the various political parties, people's organizations and deputies to all the deputies for repeated deliberation, discussion and consultation and shall decide upon a formal list of candidates in accordance with the opinion of the majority of deputies.

[Article 29] When a local people's congress at or above the county level is to elect deputies to the people's congress at the next higher level, the nominees for deputies shall not be limited to the current deputies to the lower people's congress.

[Article 30] The election committee or the presidium of the people's congress shall brief voters or deputies on the candidates for deputies.  Political parties, people's organizations, voters and deputies that have nominated candidates for deputies may brief voters on those candidates at group meetings of voters or deputies.  However, such briefings must stop on the day of election.

CHAPTER VIII ELECTION PROCEDURE

[Article 31] Where the deputies to a people's congress are to be elected directly by the voters, the election shall be conducted at polling centres in the various electoral districts or at election meetings.  The polling centres or election meetings shall be presided over by the election committee.

[Article 32] Where a local people's congress at or above the county level is to elect deputies to the people's congress at the next higher level, the election shall be presided over by the presidium of the lower people's congress.

[Article 33] The election of deputies to the national and local people's congresses shall be by secret ballot.

If a voter is illiterate or handicapped and is therefore unable to write his ballot, he may entrust another person to write it for him.

[Article 34] A voter may vote for or against a candidate for deputy and may vote instead for any other voter or abstain.

[Article 35] A voter who is absent from his electoral district during the time of an election may, with the approval of the election committee and by written authorization, entrust another voter with a proxy vote.  A voter shall not stand proxy for more than three persons.

[Article 36] When balloting has been concluded, scrutinizers and vote counters elected by the voters or deputies and members of the election committee or members of the presidium of the people's congress shall check the number of people who voted against the number of voter cast and make a record of it; the record shall be signed by the scrutinizers.

[Article 37] An election shall be null and void if the number of votes cast is greater than the number of people who voted, and it shall be valid if the number of votes cast is less than the number of people who voted.

A ballot shall be null and void if more candidates are voted for than the number of deputies to be elected, and it shall be valid if fewer candidates are voted for than the number of deputies to be elected.

[Article 38] In a direct election of deputies to the people's congresses, the election shall be valid if more than half of all the voters in an electoral district cast their votes.  Candidates for deputies shall be elected only if they have obtained more than half of the votes cast by the voters that take part in the election.

When a local people's congress at or above the county level is to elect deputies to a people's congress at the next hgiher level, candidates for deputies shall be elected only if they have obtained more than half of the votes of all the deputies.

When the number of candidates for deputies who have obtained more than half of the votes exceeds the number of deputies to be elected, those who have obtained the most votes shall be elected.  If the number of votes for some candidates is tied, making it impossible to determine who is elected, another balloting shall be conducted between those candidates to resolve the tie.

If the number of elected deputies who have obtained more than half of the votes is less than the number of deputies to be elected, another election shall be held among the candidates for deputies who failed to be elected to make up the difference.  Those who obtain the most votes shall be elected; however, to be elected they must obtain no less than one third of the votes cast.

[Article 39] The election committee or the presidium of the people's congress shall determine, in accordance with this Law, whether or not the result of an election is valid and shall announce it accordingly.

CHAPTER IX SUPERVISION, RECALL AND BY-ELECTIONS HELD TO FILL VACANCIES

[Article 40] All deputies to the national and local people's congresses shall be subject to the supervision of the voters and the electoral units which elect them.  Both the voters and the electoral units shall have the right to recall the deputies they elect.

The recall of a deputy directly elected by the voters shall be approved by a majority vote of all the voters in the electoral district from which the deputy was elected; the recall of a deputy elected by a people's congress shall be approved by a majority vote of all the deputies of that people's congress or by a majority vote of all its standing committee members when the people's congress is not in session.  A deputy to be recalled may attend the above-mentioned meetings to state his views or submit a written statement of his views.  The resolution of a recall shall be reported to the standing committee of the people's congress at the next higher level for the record.

Specific procedures for recalling deputies shall be stipulated by the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government.

[Article 41] Deputies to the National People's Congress and deputies to the people's congresses of provinces, autonomous regions, munciipalities directly under the Central Government, cities divided into districts, and autonomous prefectures may submit their resignations to the standing committee of the people's congress that elected them.

[Article 42] If a deputy's post becomes vacant for some reason during his term of office, the electoral district or electoral unit which elected him shall hold a by-election to fill the vacancy.

If a deputy to a local people's congress at any level is transferred or moves out of his administrative area during his term of office, he is autonomatically disqualified as deputy and a by-election shall be held to fill the vacancy.

When the local people's congresses at or above the county level are not in session, their standing committees may conduct by-elections to fill vacancies left by deputies to the people's congresses at the next higher level.

When by-elections are conducted to fill the vacant posts of deputies, the number of candidates may be greater than the number of deputies to be elected, or it may equal the number of deputies to be elected.  The procedures and methods of conducting by-elections shall be stipulated by the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly udner the Central Government.

CHAPTER X SANCTIONS AGAINST DISRUPTION OF ELECTIONS

[Article 43] In order to ensure that the voters and deputies freely exercise their right to vote and stand for election, administrative or criminal sanctions shall, in accordance with the law, be taken against persons who commit any of the folliwing illegal acts:

(1) use of violence, threat, deception, bribery or other illegal means to disrupt an election or interfere with a voter or deputy in the free exercise of his right to vote and stand for election;

(2) forgery of electoral documents, falsification of vote tallies or other illegal acts; and

(3) suppression of or retaliation against anyone who incriminates or informs against a person committing illegal acts in an election or who demands the recall of a deputy.

CHAPTER XI SUPPLEMENTARY PROVISIONS

[Article 44] The standing committees of the people's congresses of the provinces, autonomous regions, and municipalities directly under the Central Government may formulate rules for the implementation of elections in accordance with this Law and submit them to the Standing Committee of the National People's Congress for the record.