Deputy Elections for People's Assemblies at Each Level Law of the Democratic People’s Republic of Korea (2010)
AGLC4 | 각급 인민회의 대의원선거법 2010 [Deputy Elections for People's Assemblies at Each Level Law of the Democratic People's Republic of Korea (2010)] [tr Daye Gang].
Bluebook | Gaggeub Inminhoeui Daeuiwonseongeobeob 2010 [Deputy Elections for People's Assemblies at Each Level Law of the Democratic People's Republic of Korea (2010)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on October 7, Juche 81 (1992), as Decision No. 24 of the Standing Committee of the Supreme People’s Assembly
Amended and supplemented on December 29, Juche 87 (1998), as Directive No. 321 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on May 11, Juche 99 (2010), as Directive No. 835 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF ELECTION LAW
Article 1 (Objectives of Election Law)
The Deputy Elections for People's Assemblies at Each Level Law of the Democratic People’s Republic of Korea shall raise socialist democracy high in deputy elections of the Supreme People’s Assembly, province (or municipality directly under central authority), city (or district), or county People's Assemblies, and shall serve to strengthen the people’s government by filling organs of State power at each level with faithful servants of the people.
Article 2 (Principle of general election)
Deputy elections for People's Assemblies at each level shall be done by the principle of general election. Citizens over the age of 17 have the right to elect and be elected regardless of gender, race, job, length of residence, extent of property and knowledge, party affiliation, political views, and religious beliefs. Citizens serving in the Korean People’s Army and the Korean People's Internal Security Forces may also have the right to elect and be elected. Citizens of the Democratic People’s Republic of Korea residing in other countries may also be elected as deputies of the Supreme People’s Assembly, and in cases where the deputy election of the Supreme People’s Assembly is conducted while they are staying within the nation, they may participate in the vote according to their wishes. In cases where a person who has the right to vote is executing reform through labour after receiving it in a judgment of a court, or has been deprived of the right to vote, or where there is a finding that he or she does not have legal capacity, he or she may not participate in the election.
Article 3 (Principle of equal election)
Deputy elections for People’s Assemblies at each level shall be done through the principle of equal election. Citizens who have the right to elect shall each have the right to vote for one vote at one election. The legal effect of a vote of each constituent shall be the same.
Article 4 (Principle of direct election)
Deputy elections for People's Assemblies at each level shall be done using the principle of direct election. Citizens with the right to elect shall elect deputies of People’s Assemblies at each level by directly voting for them. No one may exercise the right to elect a constituent for someone else.
Article 5 (Secret ballot method)
Deputy elections for People's Assemblies at each level shall be done by the method of secret ballot. Constituents shall be guaranteed the freedom of voting for or against. No one may require the publication of the fact of having voted for or against a constituent, and may not place pressure on or retaliate against someone related to the vote.
Article 6 (Guarantee of conditions for exercise of the right to vote, election expenses)
The State shall guarantee the conditions required so that citizens can smoothly exercise the right to elect. The deputy election expenses for People’s Assemblies at each level shall be borne by the State.
CHAPTER II. NUMBER OF DEPUTIES AND ELECTION DATE
Article 7 (Standards and institution that determine number of deputies)
The number of deputies in People's Assemblies at each level shall be determined every time there is a deputy election proportionate to the population. The number of deputies in the Supreme People’s Assembly shall be determined by the Presidium of the Supreme People’s Assembly, and the number of deputies in the local People’s Assembly shall be decided by the People’s Committee at the corresponding level according to standards determined by the Presidium of the Supreme People’s Assembly.
Article 8 (Electoral cycle)
Deputy elections of the Supreme People’s Assembly shall be done every 5 years, and deputy elections of the province (or municipality directly under central authority) People's Assemblies and city (or district), county People's Assemblies shall be done every 4 years. In cases where deputy elections have not been done because of unavoidable reasons, they shall be executed within 90 days of the time that reason disappears.
Article 9 (Method of election organization)
Deputy elections of the Supreme People’s Assembly and deputy elections of local People’s Assemblies shall be done on the principle of holding them separately. In cases where deputy elections of province (or municipality directly under central authority) People's Assemblies and deputy elections of city (or district), county People's Assemblies overlap in the one year, they may be held together on the same date.
Article 10 (Standards for determining election date)
Deputy elections for People's Assemblies at each level shall be executed within 30 days before the term of election of the given People's Assembly ends.
Article 11 (Standards of promulgating election date)
Deputy election days for Supreme People’s Assemblies shall be promulgated by a decision of the Presidium of the Supreme People’s Assembly 60 days before, and deputy election dates for local People’s Assemblies shall be promulgated by a decision of the People’s Committee at the corresponding level 40 days beforehand.
CHAPTER III. ELECTORAL PRECINCTS
Article 12 (Organization of electoral precincts)
Electoral precincts for the deputy elections of People's Assemblies at each level shall be organized for every election by taking into consideration the administrative district and population according to the number of deputies to be elected.
Article 13 (Number of electoral precincts)
The number of electoral precincts for deputy elections for People's Assemblies at each level shall be the same as the number of deputies of the given People’s Assembly to be elected.
Article 14 (Electoral precinct organization institution)
Electoral precincts for deputy elections for Supreme People’s Assemblies shall be organized by the Presidium of the Supreme People’s Assembly, and electoral precincts for deputy elections for local People’s Assemblies shall be organized by the People’s Committee at the corresponding level. Electoral precincts for deputy elections within the Korean People’s Army or Korean People's Internal Security Forces, shall be organized by the given army corps.
Article 15 (Electoral district divisions)
District divisions shall be organized within electoral districts to assure the convenience of constituents. Electoral district divisions shall be organized by the relevant city (or district), county People’s Committees by taking into consideration things such as administrative districts, number of constituents, and traffic conditions.
Article 16 (Cases where electoral district divisions and electoral districts are organized by matching them)
In cases where deputy elections for province (or municipality directly under central authority) People's Assemblies and deputy elections for city (or district), county People's Assemblies are done together, the district divisions for the electoral districts for deputy elections for province (or municipality directly under central authority) People's Assemblies shall be done from the principle of matching them to electoral districts for deputy elections for city (or district), county People's Assemblies.
Article 17 (Organization dates for electoral districts and electoral district divisions)
Electoral districts and district divisions for deputy elections for the Supreme People’s Assembly shall be organized by 40 days before the election day, and electoral districts and district divisions for deputy elections for province (or municipality directly under central authority), city (or district) county People's Assemblies shall be organized by 30 days before the election day.
CHAPTER IV. ELECTION COMMITTEE
Article 18 (Number of members of election committee)
Election committees shall be organized to assure deputy elections for People's Assemblies at each level. However, in cases where deputy elections for local People’s Assemblies are conducted, a central election guidance committee shall be organized. The number of members for election committees at each level (including the central election guidance committee) shall be as follows.
1. Central election committee 11 members or 13 members (central election guidance committee 9 members or 11 members)
2. Province (or municipality directly under central authority), city (or district), county election committee 9 members or 11 members
3. District, district division election committee 5 members or 7 members
Article 19 (Organization institution for election committees)
The central election committee shall be organized by the Presidium of the Supreme People’s Assembly, province (or municipality directly under central authority) election committees shall be organized by the relevant province (or municipality directly under central authority) People’s Committee, and the city (or district), county, district, and district division election committees shall be organized by the relevant city (or district), county People’s Committee.
Article 20 (Composition of election committee)
Election committees at each level shall be composed of 1 Chair, 1 Vice-Chair, 1 Secretary, and members.
Article 21 (Songbun composing election committees)
Election committees at each level shall be organized of members of all levels of society recommended by the Party and by social organizations.
Article 22 (Conditions to establish election committee)
Election committees at each level are established only if more than two thirds of the members participate, and shall adopt decisions by more than half of the participating members agreeing. Election committees at each level may mobilize practical affairs workers required for election work.
Article 23 (Period to organize and dissolve election committee)
Central and province (or municipality directly under central authority), city (or district), county election committees shall be organized within 10 days of the day the election day was announced, and for districts and district division election committees shall organize electoral districts and district divisions within 5 days of the determined day. Election committees at each level shall be dissolved 3 days after the election results are announced.
Article 24 (Labour remuneration of election committee members)
Labour remuneration for members of election committees at each level over the period they have mobilized for election work shall be paid by the institutions, enterprises and organizations where they work.
Article 25 (Substitution of election committee members)
In the following cases, the member of an election committee shall be substituted.
1. In cases where the duty of a member of an election committee cannot be performed for reasons such as death or serious illness
2. In cases where confusion or interference has been caused in election work, or it has been gravely affected, by violating this law
3. In cases where election committee members recommended by the Party or social organizations have lost the qualification of the Party or social organization they are affiliated with
4. In cases where members of election committees of districts and district divisions have been recommended and registered as a candidate for deputy in the relevant electoral precinct
Article 26 (Substituting institution for election committee members)
The substitution for members of election committees at each level shall be done by the institution that organized the relevant election committee.
CHAPTER V. ELECTORAL ROLL
Article 27 (Unit of composition of electoral roll)
Electoral rolls for the deputy elections of People's Assemblies at each level shall be drafted each time an election is held using the electoral district divisions (or districts) as a unit. In cases where the deputy elections of province (or municipality directly under central authority) People's Assemblies are done together with deputy elections of the city (or district), county People's Assemblies, a single electoral roll shall be drafted.
Article 28 (Institution to draft electoral roll)
The electoral roll shall be drafted by 15 days before the election day by the district division (or district) election committee together with the relevant borough, town, labour complex, and burg offices. The citizens registration institution must assure the materials required for drafting the electoral roll. Electoral rolls for the Korean People’s Army and the Korean People's Internal Security Forces shall be drafted by the relevant army corps.
Article 29 (Subject of registration on electoral roll)
Electoral rolls shall register all citizens who have the right to elect and who reside in the area concerned.
Article 30 (Content to be registered on electoral roll)
Electoral rolls shall correctly record the name, gender, birthdate, and residence of each constituent.
Article 31 (Date of public announcement of electoral roll)
The electoral roll shall be publicly announced and a copy placed at a convenient location in the electoral district divisions (or districts) by 15 days before election day so that all constituents can see. The public announcement of the electoral roll shall be done in the name of the relevant district division (or district) election committee.
Article 32 (Lodgement of opinion about electoral roll)
Constituents or relevant persons who accept that there is an error in the publicly announced electoral roll shall raise that fact with the relevant district division (or district) election committee. District division (or district) election committees shall carefully investigate the accuracy of the raised facts, and if the error on the electoral roll is confirmed, they shall fix the roll soon and must inform the relevant constituent or relevant person about it.
Article 33 (Movement regulations for constituents)
A citizen who has moved domicile from a different electoral precinct or moved to a different electoral precinct after the electoral roll has been drafted, shall inform the district division (or district) election committee of his or her reasons for moving and undertake the required procedure, as long as he or she does not abandon the right to elect.
Article 34 (Expulsion of constituents)
Constituents shall be expelled from the electoral role in the following cases.
1. In cases of death or where legal capacity has been lost
2. In cases where the right to elect has been forfeited according to law
3. In cases where they have left the scope of the electoral district divisions (or districts) and moved to a different area
CHAPTER VI. CANDIDATES FOR DEPUTY
Article 35 (Person with the authority to recommend a candidate for deputy)
Candidates for deputy for People's Assemblies at each level shall be recommended directly by constituents, or recommended jointly or alone by the Party or by social organizations. The person making the recommendation must inform the recommended candidate for deputy to the district election committee.
Article 36 (Registration conditions for candidates for deputy)
Candidates for deputy recommended for People's Assemblies at each level may only be registered as candidates for deputy in the relevant electoral precinct by going through a deliberation over their qualifications at a meeting of more than a hundred constituents. The constituent meeting for the deliberation on qualifications of candidates for deputy shall be organized by the district election committee.
Article 37 (Constituent meetings for deliberating on qualifications as candidate for deputy)
Constituent meetings for deliberating on the qualifications of candidates for deputy shall be done in a residential area or in an institution, enterprise, cooperative farm, school, or army corps. The recommended candidate for deputy may participate in the constituent meeting.
Article 38 (Content to deliberate on for qualifications of candidates for deputy)
Constituent meetings for deliberating on the qualifications of candidates for deputy shall introduce the name, gender, age, residence, Party, social organization, position at work, and experience of the recommended candidate. Constituents who participate in the meeting must deliberate on whether the recommended candidate for deputy have the qualifications to be a representative of the people.
Article 39 (Decision on registering candidate for deputy)
The registration of candidates for deputy by People's Assemblies at each level shall be decided by the agreement of more than half of the participants at the constituent meeting for deliberating on the qualifications of the candidates.
Article 40 (Registration as candidate for deputy and their ranking)
The district election committee shall register candidates for deputy according to a decision of the constituent meeting, and must inform the person himself or herself and the person who made the recommendation. The ranking of registered candidates for deputy shall follow the recommended ranking.
Article 41 (Registration of recommended candidates for deputy for several electoral precincts)
Candidates for deputy recommended by several electoral precincts may present their registration only with one electoral precinct. In these cases, recommendations for other electoral precincts shall be cancelled.
Article 42 (Number of candidates for deputy to be registered at the electoral precinct)
The number of candidates for deputy registered with each electoral precinct at deputy elections for People’s Assemblies at each level shall not be restricted.
Article 43 (Recommendation and registration period for candidates for deputy)
The work of recommending and registering candidates for deputy for People's Assemblies at each level must be started within 5 days of the day the district election committee has been organized and finished by 3 days before election day.
Article 44 (Conditions for cancellation of registration of candidate for deputy)
In the following cases, the registration of the candidate for deputy shall be cancelled.
1. In cases where he or she has lost the qualification to be elected as a deputy according to this law
2. In cases where a candidate who has received the recommendation of the Party or of a social organizations has lost the qualification of the affiliation with the members of the Party or of the social organization
3. In cases where he or she can no longer do the work of a deputy by reason of death or serious illness
Article 45 (Decision to cancel the registration of a candidate for deputy)
The cancellation of registration for candidates for deputy in People's Assemblies at each level shall be decided by the relevant district election committee that registered the candidate. The district election committee must inform the election committee at a higher level, the person himself or herself, and the person who made the recommendation, for the reason they cancelled the registration as candidate for deputy.
Article 46 (Supplementary recommendation and registration of candidates for deputy)
In cases where the registration of a candidate has been cancelled, the given electoral precinct may recommend and register other candidates for deputy.
Article 47 (Publicly announcing candidates for deputy)
District division (or district) election committees shall publicly announce photographs of the candidate for deputy registered with the given electoral precinct by 3 days before the election day, together with stating the name, gender, age, Party, and position at work.
CHAPTER VII. ELECTION PUBLICITY
Article 48 (Organizing and guiding election publicity)
Election publicity shall be organized and guided by election committees at each level.
Article 49 (Freedom of election publicity)
Parties, social organizations, and constituents may freely do election publicity within the scope of the law.
Article 50 (Period of election publicity)
Election publicity shall be done from the day the election day is promulgated and publicity for candidates for deputy in People’s Assemblies at each level shall be done from the time the registration of candidates for deputy has ended.
Article 51 (Form and method of election publicity)
Election publicity shall be done in different forms and methods, such as publishing publicity, broadcast publicity, direct publicity, artistic publicity, oral publicity.
Article 52 (Content of election publicity)
Election publicity shall inform the constituents of the purpose and significance of the election, rights of constituents regulated in electoral laws, shall inform the process and method of elections or introduce the candidates, and may appeal for people to participate in elections with high political fervour.
Article 53 (Prohibited matters in election publicity)
The following particulars shall be prohibited in election publicity.
1. Inciting opposition votes, abstention, or election destruction
2. Slandering individual candidates
3. Organizing rallies and demonstrations without the approval of the election committee
4. Creating election organizations not approved by the election committee
CHAPTER VIII. ELECTION HALLS
Article 54 (Duty to manage election halls)
Election committees of district divisions (districts, in cases where there is no district division) must manage election halls.
Article 55 (Conditions for furnishing election halls)
Election halls must have polling rooms and offices where election committee members are able to work, and there must be measures adopted to prevent fire and natural damage.
Article 56 (Polling rooms)
Polling rooms shall be set up by 3 days before the election day so that the confidentiality of votes can be guaranteed. The polling room shall have a polling box and writing supplies. Election halls may be decorated with things like flags and flowers.
Article 57 (Organization of security for election halls)
Election halls must organize day and night security until election day. Election hall security shall be organized by the district division (or district) election committee.
Article 58 (Announcement of election halls)
District division (or district) election committees must announce the location of election halls to constituents by 3 days before election day. Constituents may look around the state of the election halls and polling rooms in which they will vote.
CHAPTER IX. VOTING
Article 59 (Time period for voting and unit of vote)
Time periods for voting at deputy elections for People's Assemblies at each level shall be determined by the central election committee (or central election guidance committee) for each election by taking the season into consideration. Votes shall be done by unit of electoral district divisions (or districts).
Article 60 (Election observer members)
District division (or district) election committees shall elect 5 election observer members among the constituents of the given electoral precinct according to the wishes of constituents. Election observer members may watch over the state of the conduct of the election, excluding the votes of constituents.
Article 61 (Process of starting the vote)
Voting shall start after the district division (or district) election committee members confirm the circumstances of the polling rooms and polling boxes together with the election observer members, and have sealed the polling boxes.
Article 62 (Votes of constituents)
Constituents must vote in the given electoral precinct where they are registered on the electoral roll. In cases where it is required in an electoral precinct, they may vote in a division of a different electoral district with a right to vote certificate issued by the district division (or district) election committee. In special cases, constituents may receive a right to vote certificate and go to vote in a different electoral precinct.
Article 63 (Electoral ballot)
Constituents wishing to vote shall show to a district division (or district) election committee member their citizen card or a certificate in place of the citizen card and cause him or her to compare and confirm it against the electoral roll, then shall receive an electoral ballot. The specifications and style of an electoral ballot shall be instituted by the Presidium of the Supreme People’s Assembly for each election, and shall organize their manufacture.
Article 64 (Secret ballot)
Votes shall be done by method of secret ballot. If constituents agree, they shall not make a marking, and if they oppose, they shall horizontally strike out the name of the candidate.
Article 65 (Guarantee of voting conditions)
In cases where constituents agree or make a mark of opposition in their vote, no one may enter or look into the polling rooms.
Article 66 (Process of ending voting)
When the time period for closing voting arrives, district division (or district) election committees shall announce that voting shall end and must close voting. Even if the time period for closing votes has arrived, if there are constituents waiting to vote, they must assure their vote.
Article 67 (Mobile voting)
In cases where a constituent cannot attend the election hall because of circumstances such as serious illness, old age, or bodily disability, a district division (or district) election committee member may take a sealed mobile polling box and allow him or her to vote. In these cases, constituents who cannot directly vote may vote in conformity with their will by designating another person.
Article 68 (Report on state of mobile voting participation)
District division (or district) election committee members who have guaranteed mobile voting shall arrive at the given electoral district division (or district) before the time period for closing voting to submit the sealed mobile polling box to the district division (or district) election committee, and shall report the state of voting participation.
CHAPTER X. FINALIZATION OF VOTING RESULTS
Article 69 (Time and place for calculating voting results)
After the time period for voting has passed and voting closes, the voting results shall be calculated. The calculation of voting results shall be done inside the election committee office by the district division (or district) election committee members.
Article 70 (Calculation process of voting results)
When starting the calculation of voting results, district division (or district) election committee members shall confirm the sealed state of polling boxes together with election observer members, shall open the polling boxes in front of election observer members watching, and must compare the number of electoral ballots inside the polling boxes and the number of electoral ballots handed out. If the number of electoral ballots inside the polling boxes are fewer than or the same as the number of electoral ballots handed out, it is a valid election, and if the number of electoral ballots inside the polling boxes are greater than the number of electoral ballots handed out it shall be a null election. In cases of a null election, the district division (or district) election committee must soon report that fact to an election committee at a higher level.
Article 71 (Nullity of electoral ballot)
In cases where the indicators for agreement or opposition are not clear or electoral ballots who are different from the specifications and styles that have been instituted shall be nullified. Decisions on the nullity of an electoral ballot shall be made by majority decision of the district division (or district) election committee members.
Article 72 (Reporting calculation method, voting results)
The calculation of voting results shall be done by the method of separating and comparing valid votes in agreement by each candidate for deputy. The district division (or district) election committee shall make a voting results report agreed upon by all members who have attended, and must send it to an election committee of a higher level soon after marking it with their name by hand.
Article 73 (Method of finalizing successful candidate)
The finalization of the successful candidate shall be done by the district election committee. The district election committee shall comprehensively calculate the voting results report by each candidate for deputy sent by the district division election committee to determine the successful candidate.
Article 74 (Conditions and standards for election)
The successful candidate shall be the candidate for deputy who has received more than half of the agreement of the number of constituents who have voted in the given electoral precinct. In cases where there is no candidate who has received more than half of the agreement of the constituents who have participated in the vote, or in cases where the number of votes in agreement received by candidates are the same among the candidates for deputy registered in one electoral precinct, there shall be no successful candidate.
Article 75 (Reporting election results)
The district election committee that has determined the successful candidate shall soon draft a report about the election results and submit it to an election committee at a higher level.
Article 76 (Announcement of successful candidates)
An elected deputy of the Supreme People’s Assembly shall be announced by the central election committee, deputies of province (or municipality directly under central authority) People's Assembly shall be announced by the given province (or municipality directly under central authority) election committee, and deputies of the city (or district), county People's Assemblies shall be announced by the given city (or district), county election committee. Comprehensive materials for deputy election results for People’s Assemblies at each level shall be announced by the central election committee (or central election guidance committee).
CHAPTER XI. RE-ELECTIONS AND SUPPLEMENTARY ELECTIONS
Article 77 (Conditions for executing re-elections)
In the following cases, a re-election shall be executed in the given electoral precinct.
1. In cases where there is no successful candidate among the registered candidates for deputy
2. In cases where the successful candidate dies or has lost the right to be elected before the start of the term of election
Article 78 (Re-election in cases where a null election has been confirmed)
In cases where an election has been confirmed to be null, a re-election shall be executed only in the given electoral precinct or district division only for a null election. In cases where a part of the electoral process has been in violation of the law and has been confirmed to be null, the re-election shall be executed by starting from that portion.
Article 79
In the following cases, supplementary elections shall be executed for deputies in People's Assemblies at each level.
1. In cases where deputies have died
2. In cases where a deputy has lost the confidence of constituents and has been summoned
3. In cases where a deputy of a province (or municipality directly under central authority), city (or district), county People's Assembly has moved to a different region
Article 80
Supplementary elections for deputies for People's Assemblies at each level shall be done in the given electoral precinct where the deputy has created the vacancy.
Article 81
In cases where less than 1 year is left in the term of election for deputies for People’s Assemblies at each level, a supplementary election may not be held.
Article 82
The process and method of re-elections and supplementary elections shall be separately determined by the Presidium of the Supreme People’s Assembly according to this law.
CHAPTER XI. TREATMENT OF COMPLAINTS AND SANCTIONS
Article 83
In cases where citizens who have the right to elect and right to be elected accept that their rights have been violated, or in cases where institutions, enterprises, organizations, and citizens accept that this law has been violated, a complaint may be raised with the given election committee orally or in writing.
Article 84
An election committee that has received a complaint from a citizen must deliberate on and decide on it within 3 days of the day it was received, and must inform the complainant of the results.
Article 85
A complainant who has an opinion on the decision of the given election committee about the complaint may apply for the resolution of the issue to a people’s court. Opinions related to the election may be raised at courts of each level even after the election has ended. The given court must correctly hear and resolve the raised issue.
Article 86
A person who has caused grave consequences to election work by violating this law shall have administrative or criminal responsibility imposed depending on the gravity.
Last updated 4 June 2021
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