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Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China
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Electoral 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 at the 18th Meeting of the Standing Committee of the Sixth National People’s Congress on December 2, 1986; revised for the third time in accordance with the Decision on Revision of the Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China at the 12th Meeting of the Standing Committee of the Eighth National People’s Congress on February 28, 1995; revised for the fourth time in accordance with the Decision on Revision of the Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China at the 12th Meeting of the Standing Committee of the Eighth National People’s Congress on October 27, 2004; revised for the fifth time in accordance with the Decision on Revision of the Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China at the 3rd Session of the Eighth National People’s Congress on March 14, 2010; and revised for the sixth time in accordance with the Decision of the Standing Committee of the National People’s Congress on Revising the Organic Law of the Local People’s Congresses and Local People’s Governments of the People’s Republic of China, the Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China, and the Law of the People's Republic of China on Deputies to the National People's Congress and to the Local People's Congresses at Various Levels, adopted at the 16th Meeting of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on August 29, 2015)


Contents

Chapter IGeneral Provisions

Chapter IIElection Institutions

Chapter IIINumber of Deputies to Local People’s Congresses at Various Levels

Chapter IVNumber of Deputies to the National People’s Congress

Chapter VElections Among Ethnic Minorities

Chapter VIZoning of Electoral Districts

Chapter VIIRegistration of Voters

Chapter VIIINomination of Candidates for Deputies

Chapter IXElection Procedure

Chapter XSupervision, Dismissal, Resignation, and By-Elections of Deputies

Chapter XISanctions Against Disruption of Elections

Chapter XIISupplementary Provisions



Chapter I

General Provisions

Article 1The 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 2Deputies to the National People’s Congress and to people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall be elected by people’s congresses at the next lower level.

Deputies to people’s congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships, ethnic townships, and towns shall be elected directly by their constituencies.

Article 3All 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 ethnicity, 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 4Each voter shall have the right to vote only once in an election.

Article 5Separate elections shall be conducted for the People’s Liberation Army, and the procedures for such elections shall be formulated separately.

Article 6Deputies to the National People’s Congress and local people’s congresses shall be broad-based and shall comprise an appropriate number of grass-roots deputies, especially workers, farmers and intellectuals; deputies shall comprise of an appropriate number of women, who shall account for an increasingly larger percentage.

The National People’s Congress and the local people’s congresses of areas with a relatively large number of returned overseas 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 at or below the county level may take part in such elections conducted in their ancestral home town or place of domicile before they went abroad.

Article 7The electoral expense of the National People’s Congress and local people’s congresses shall be included in the fiscal budget and shall be borne by the National Treasury.



Chapter II

Election Institutions

Article 8The Standing Committee of the National People’s Congress shall conduct elections of deputies to the National People’s Congress. The standing committees of 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 people’s congresses at the corresponding level. 

In cities divided into districts, municipal districts, counties, autonomous counties, townships, ethnic townships, and towns, election committees shall be established to conduct the election of deputies to 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, ethnic townships, and towns shall be under the leadership of the standing committees of people’s congresses of cities not divided into districts, municipal districts, counties and autonomous counties.

The standing committees of 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 people’s congresses at or below the county level in their administrative areas.

Article 9Members of the election committees of cities not divided into districts, municipal districts, counties and autonomous counties shall be appointed by the Standing Committee of the People’s Congress at the same level. Members of the election committees of townships, ethnic townships, and towns shall be appointed by the Standing Committee of the People’s Congress of the cities not divided into districts, municipal districts, counties and autonomous counties.

Election committee members who are deputy candidates shall resign from the election committee.

Article 10 Election committees shall perform the following duties:

(1) Dividing electoral districts where deputies to people’s congress at the same level are to be elected, and allocating the number of deputies for each electoral district;

(2) Administering voter registration, examining voters’ qualifications and releasing voter lists; and receiving and handling claims of different opinions on the voter lists and making decisions accordingly; 

(3) Determining election dates;

(4) Seeking and verifying information on deputy candidates and arranging for candidates to introduce themselves; determining and releasing formallythelists of deputy candidates;

(5)Presiding over the voting;

(6) Determining the validity of elections and releasing lists of deputies elected; and

(7) Other duties as provided for by the Law.

The election committee shall release election information in a timely manner.



Chapter III

Number of Deputies to Local People’s Congresses at Various Levels


Article 11 The number of deputies to local people’s congresses at various levels shall be determined in accordance with the following provisions:

(1) The base number of deputies to the people’s congress of a province, an autonomous region or a municipality directly under the Central Government is 350. For a province or an autonomous region, one more deputy may be added for every 150,000 people, and for a municipality directly under the Central Government, one more deputy may be added for every 25,000 people; however, the total number of deputies shall not exceed 1,000.

(2) The base number of deputies to the people’s congress of a city divided into districts or an autonomous prefecture is 240. One more deputy may be determined for every 25,000 people; however, if the population of the city or autonomous prefecture exceeds 10 million, the total number of its deputies shall not exceed 650.

(3) The base number of deputies to the people’s congress of a city not divided into districts, a municipal district, a county or an autonomous county is 120. One more deputy may be added for every 5,000 people; however, if the population exceeds 1.65 million, the total number of deputies shall not exceed 450; if the population is less than 50,000 people, the total number of deputies may be less than 120.

(4) The basic number of deputies for townships, ethnic townships and towns is 40 and an additional deputy may be added for every 1,500 people; however, the total number of deputies shall be no more than 160. The number of deputies may be less than 40 for those administrative jurisdictions with a population of less than 2,000.

The base number of deputies to a local people’s congress plus the number of deputies added according to the size of the local population as stipulated in the preceding paragraph shall be the total number of deputies to the local people’s congress.

The number of deputies to the people’s congress of an autonomous region or a province where many ethnic minorities inhabit in concentrated communities may, upon the decision of the Standing Committee of the National People’s Congress, be increased by five percent. The number of deputies to the people’s congress of a county, an autonomous county, a township or an ethnic township where many ethnic minorities inhabit in concentrated communities or where people inhabit in scattered groups may, upon the decision of the standing committee of the people’s congress of a province, an autonomous region, or a municipality directly under the Central Government, be increased by five percent.

Article 12 The specific number of deputies to the people’s congress of a province, an autonomous region, or a municipality directly under the Central Government shall be determined by the Standing Committee of the National People’s Congress according to this Law. The specific number of deputies to the people’s congress of a city divided into districts, an autonomous prefecture or a county shall be determined by the standing committee of the people’s congress of a province, an autonomous region, or a municipality directly under the Central Government according to this Law and be reported to the Standing Committee of the National People’s Congress for the record. The specific number of deputies to a people’s congress at the township level shall be determined by the standing committee of the people’s congress at the county level according to this Law and be reported to the standing committee of the people’s congress at the next higher level for the record.

Article 13Once the total number of deputies to a local people’s congress at any level is determined, it shall not thereafter be changed. If the size of the population changes considerably due to a change in the division of administrative regions or the construction of major projects or for other reasons, the total number of deputies to the people’s congress at the corresponding level shall be re-determined according to the provisions of this Law.

Article 14The standing committee of a people’s congress or the election committee at the same level shall determine the distribution of the number of deputies of local people’s congresses according to the population of lower administrative divisions or electoral districts in its jurisdiction based on the principle that each deputy represents the same number of urban and rural residents and ensuring that each region, ethic group, and body of people has an appropriate number of deputies. Townships, ethnic townships, and towns with extremely small populations shall have at least one deputy in the people’s congress of a county or autonomous county.

The method for distributing the number of deputies ofa local people’s congress shall be decided by the standing committee of the people’s congress of a province, autonomous region, or municipality directly under the Central Government by referring to the method for distributing the number of deputiesof the National People’s Congress and in light of the particular local conditions.


Chapter IV

Number of Deputies to the National People’s Congress

Article 15Deputies to the National People’s Congress shall be elected by people’s congresses of 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 number of deputies to the National People’s Congress to be elected by the Hong Kong Special Administrative Region and the Macao Special Administrative Region and the methods for their elections shall be prescribed separately by the National People’s Congress.

Article 16The Standing Committee of the National People’s Congress shalldetermine the distribution ofthe number of deputies according to the population of each province, autonomous region, and municipality directly under the Central Government based on the principle that each deputy represents the same number of urban and rural residents and ensuring that each region, ethic group, and body of people has an appropriate number of deputies.

The number of National People’s Congress deputies of a province, autonomous region, or municipality directly under the Central Government to be elected shall comprise the number calculated based on the population, the equal base number and other numbers of deputies to be elected.

The Standing Committee of the National People’s Congress shall determine specifically the distribution of the number of National People’s Congress deputies.

Article 17 The number of deputies to the National People’s Congress to be elected from among ethnic minorities shall be allocated to the various people’s congresses of the provinces, autonomous regions, and municipalities directly under the Central Government, which shall elect them accordingly,by the Standing Committee of the National People’s Congress in light of the population and distribution of each ethnic minority. Ethnic minorities with exceptionally small populations shall each have at least one deputy.



Chapter V

Elections Among Ethnic Minorities

Article 18 In areas where ethnic minorities inhabit in concentrated communities, each ethnic minority shall have its deputy or deputies sit in the local people’s congress.

Where the total population of an ethnic minority in such an area exceeds 30 percent of the total local population, the number of people represented by each deputy of that ethnic minority 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 an ethnic minority in such an area is less than 15 percent of the total local population, the number of people represented by each deputy of that ethnic minority 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 ethnic minority practising regional autonomy is exceptionally small, the number of people represented by each deputy of this ethnic minority 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 ethnic minorities with exceptionally small populations inhabiting in concentrated communities shall each have at least one deputy.

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

Article 19In autonomous regions, autonomous prefectures and autonomous counties, and in townships, towns and ethnic townships where a certain ethnic minority inhabits in a concentrated community, the provisions of Article 18 of this Law shall be applicable to the election of deputies to local people’s congresses from among other ethnic minorities and the Han peoplewho also inhabit in concentrated communities in such areas.

Article 20With respect to ethnic minorities inhabiting in scattered groups, the number of people represented by each deputy 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, towns and ethnic townships where a certain ethnic minority inhabits in a concentrated community, the provisions of the preceding paragraph shall be applicable to the election of deputies to local people’s congresses from among other ethnic minorities and the Han people inhabiting in scattered groups in such areas.

Article 21In cities not divided into districts, municipal districts, counties, townships, ethnic townships, and towns where various ethnic minorities inhabit in concentrated communities, ethnic minority electorates may vote separately or jointly in the election of deputies to the local people’s congresses, depending on the relations between the ethnic groups and their residential situation in such areas.

In autonomous counties and in townships, towns and ethnic townshipswhere a certain ethnic minority inhabits in a concentrated community, the provisions of the preceding paragraph shall be applicable to the election of deputies topeople’s congresses from among other ethnic minorities and the Han peopleinhabiting in such areas.

Article 22Electoral documents, rolls of voters, voter registration cards, lists of candidates for deputies, deputies’ election certificates and seals of election committees which are made or published by autonomous regions, autonomous prefectures and autonomous counties shall be in the commonly used written languages of the ethnic minorities in the localities.

Article 23Other matters concerning elections among ethnic minorities shall be handled with reference to the provisions of the relevant articles of this Law.



Chapter VI

Zoning of Electoral Districts

Article 24 The number of deputies to people’s congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships, ethnic townships, and towns shall be allocated to electoral districts, and elections shall be held in electoral districts. Electoral districts may be zoned based on voters’ residences or on production units, institutions and work units.

The size of electoral districts shall be decided on the basis of one to three deputies being elected from each electoral district.

Article 25Each deputy of an electoral district in the same administrative region shall represent an approximately equal number of people.



Chapter VII

Registration of Voters

Article 26The registration of voters shall be conducted on the basis of electoral districts, and 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 district where they originally registered shall be included in the roll of voters in the electoral district to which they have newly moved; those who are deceased or have been deprived of political rights in accordance with the 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 27The roll of voters shall be made public 20 days prior to the Election Day. Where voters take part in elections and cast their votes by using voter registration cards, voter registration cardsshall be issued.

Article 28Those who disagree with the voter list released may file a claim with the election committee within five days from the date the voter list is released. The election committee shall make a decision as to how to deal with a claim within three days. If an appellant disagrees with the decision, he or she may file a claim with the people’s court five days prior to the Election Day, and the people’s court shall produce a ruling before the Election Day. The ruling of the people’s court is final.



Chapter VIII

Nomination of Candidates for Deputies

Article 29 Candidates for deputies to the national and local people’s congresses shall be nominated on the basis of electoral districts or electoral units.

Each party or people’s organization may jointly or individually recommend deputy candidates. More than ten voters or deputies may also jointly recommend deputy candidates. Recommenders shall introduce the deputy candidates to the election committee or the presidium of the people’s congress. Deputy candidates who accept the recommendation shall provide the election committee or the presidium of the people’s congress with his or her true identification, CV and other basic information. If the information provided is untruthful, the election committee or the presidium of the people’s congress shall circulate the matter among the voters or deputies.

The number of deputy candidates recommended jointly or individually by parties and people’s organizations or the number of deputy candidates recommended jointly by voters or deputies shall not exceed the number of deputies to be elected for the electoral district or electoral unit.

Article 30The national and local people’s congresses shall adopt a multi-candidate election practice, i.e. the number of deputy candidates shall be greater than the number of deputies to be elected.

Where electors directly elect deputies for the people’s congress, the number of deputy candidates shall be 1.3 or two times the number of deputies to be elected. Where the people’s congress at or above the county level elects deputies for the people’s congress at the next higher level, the number of deputy candidates shall be 1.2 or 1.5 times the number of deputies to be elected.

Article 31Where voters directly elect deputies fora people’s congress, the deputy candidates shall be recommended through nomination by voters, parties, and people’s organizations. After consolidation, the election committee shall,15 days prior to the Election Day, release the list of deputy candidates and their profiles and pass the list over to the electors in the electoral district for discussion and negotiation to determine the final deputy candidate list. If the number of nominated deputy candidates exceeds the maximum difference ratio as provided in Article 30 of this Law, the election committee shall present the matter to the groups of electors of various electoral districts for discussion and negotiation. The final deputy candidate list shall be determined based on the opinions of the majority of electors. If consensus fails to be reached on the final deputy candidate list, a primary election shall be held. The final deputy candidate list shall be determined according to the number of votes they each receive. The final deputy candidate list and their profiles shall be released seven days prior to the Election Day.

When local people’s congressesat or above the county level elects deputies for the people’s congress at the next higher level, the time spent on nomination and deliberation of the deputies shall be no less than two days. The presidiums of the said local people’s congresses shall distribute printouts of the lawfully proposed deputy list and their profiles to all deputies for deliberation and discussion. If the number of proposed deputy candidates conforms to the difference ratio as provided in Article 30 of this Law, election may be held directly. If the number of nominated deputy candidates exceeds the maximum difference ratio as provided in Article 30 of this Law, a primary election shall be held. The final deputy candidate list shall be determined according to the number of votes they each receives during the primary election, in accordance with the election measures of the people’s congress at that level and based on the specific difference ratio as provided by this Law.An election shall then be held.

Article 32 When a local people’s congress at or above the county level elect deputies for the people’s congress at the next higher level, the nominees for deputies shall not be limited to the current deputies to the said local people’s congress.

Article 33 The election committee or the presidium of a people’s congress shall introduce deputy candidates to electors or deputies. Those parties, people’s organizations or deputies that have recommended deputy candidates may introduce the recommended deputy candidates at elector group or deputy group meetings. Upon the request of electors, the election committee shall arrange deputy candidates to meet with electors, and deputy candidates shall introduce themselves and answer questions from electors. However,the introduction of deputy candidates must cease on the Election Day.

Article 34 Citizens participating in the elections for deputies to peoples congresses at all levels shall not receive, directly or indirectly, any type of grants involving the election from institutions, organizations or persons abroad.

Whoever violates the preceding paragraph shall not be listed as a candidate; those already listed as a candidate shall be eliminated from the list of candidates; those already elected as a deputy shall be disqualified.



Chapter IX

Election Procedure

Article 35The election of deputies to the National People’s Congress and local people’s congresses shall strictly follow statutory procedures and be subject to supervision. No organization or individual shall, by any means, interfere with electors or deputies in freely exercising their rights to vote.

Article 36When electors directly elect deputies for a people’s congress, theyshall collect their ballots by presenting their identification cards or elector certificates in accordance with the provisions of the election committee.

Article 37The election committee shall set up voting stations according to voter distribution and based on the principle of allowing voters to vote with ease and proceed with the election. In places where electors are concentrated, election conventions may be held. Those electors who are disabled due to illness or inhabit in remote areas with limited access to transportation facilities may cast their ballots at mobile voting boxes.

Article 38 Where a local people’s congress at or above the county level elects deputies to the people’s congress at the next higher level, the election shall be presided over by the presidium of the said local people’s congress.

Article 39The election of deputies to the National People’s Congress and local people’s congresses shall be carried out using secret ballots with no exceptions. Facilities for confidential ballot writing shall be provided duringthe election.

If a voter is illiterate or handicapped and is therefore unable to write his or her ballot, he or she may entrust another person to write it on his or her behalf.

Article 40 A voter may vote for or against a deputy candidate and may vote instead for any other voter or abstain.

Article 41If an elector is not available during the election, he or she may entrust in writing another elector to vote on his or her behalf upon approval of the election committee. Each elector may be entrusted tovote for no more than three people and shall vote according to the intention of the entrusting elector.

Article 42When balloting has been concluded, scrutineers and vote-counters elected by 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 votes cast and make a record of it; the record shall be signed by the scrutineers.

Family members of deputy candidates shall not serve as scrutineers or counters of ballots.

Article 43An election shall be null and void if the number of votes cast is greater than the number of people who voted; it shall be valid if the number of votes cast is equal to or 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; it shall be valid if fewer candidates are voted for than the number of deputies to be elected or the same number of candidates is voted for.

Article 44 In a direct election of deputies to people’s congresses, the election shall be valid if more than half of all 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 elects deputies to a people’s congress at the next higher level, candidates for deputies shall be elected only if they have obtained more than half of the votes of all deputies.

Where the number of candidates who have obtained more than half of the votes exceeds the number of deputies to be elected, the ones who have obtained the most votes shall be elected. Where the number of votes for some candidates is tied, making it impossible to determine the ones to be elected, another election shall be held for these candidates to resolve the tie, and the ones who obtain more votes shall be elected.

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 to make up the difference. When another election is held, the list of candidates shall be determined by order of the number of votes they have obtained in the first balloting and in accordance with the proportion for competitive elections as provided in Article 30 of this Law. If only one deputy is to be elected, the number of candidates shall be two.

When another election is held to elect deputies to a people’s congress at the county or township level in accordance with the provisions in the preceding paragraph, the candidates who have obtained more votes than the others shall be elected; however, the number of the votes they have obtained shall not be less than one-third of the votes cast. When another election is held by the local people’s congress at or above the county level to elect deputies to a people’s congress at the next higher level, the candidates shall be elected only when they have obtained a majority vote of all the deputies.

Article 45 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.

The list of the elected deputies shall be publicly accessible by the election committee or the presidium of the peoples congress.

Article 46 The deputies credentials committees shall examine, in accordance with the law, whether the elected deputies are qualified as stipulated in the Constitution and laws, whether an election is in compliance with the statutory procedures, and whether there is any illegal action that undermines an election or that results in the voidance of an election, come up with opinions on whether an election is valid, and report to the standing committee of the peoples congress at the corresponding level or the presidium of the peoples congress of a township, ethnic township, or town.

The standing committees of peoples congresses at or above the county level or the presidiums of peoples congresses of townships, ethnic townships, or towns shall determine, in light of the report of the deputies credentials committees, whether the deputies are eligible or their election are void, and publish the name list of deputies prior to the first session of each peoples congress.

Article 47No citizenmay act simultaneously as a deputy for the people’s congresses of two administrative divisions without affiliating relationships.



Chapter X

Supervision, Dismissal, Resignation, and By-Elections of Deputies

Article 48All 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 electoral units shall have the right to recall the deputies they elect.

Article 49 A group of fifty or more voters in an electoral district may recall a deputythey elected to the people’s congress at the county level, and a group of thirty or more such voters may recall a deputy they elected to the people’s congress at the township level, byjointly submitting a demand for the recall in writing to the standing committee of a people’s congress at the county level.

In a demand for the recall of a deputy, the reasons for the recall shall be clearly stated. The deputy proposed to be recalled shall have the right to defend him or herself at a voters’ meeting or may present a written statement in his or her own defense.

The standing committee of the people’s congress at the county level shall print and distribute the demand for the recall of a deputy and the written defense of the deputy proposed to be recalled to the voters in the electoral district from which he or she was elected.

When the demand for the recall of a deputy is put to vote, the standing committee of the people’s congress at the county level shall dispatch a relevant leading member to preside over it.

Article 50 When a local people’s congress at or above the county level is in session, the presidium or a group of at least one-tenth of the deputies may submit a proposal for the recall of a deputy to the people’s congress at the next higher level who was elected by the said local people’s congress. When the people’s congress is not in session, the council of chairmen of the standing committee of the local people’s congress at or above the county level or a group of at least one-fifth of the component members of the standing committee may submit a proposal for the recall of a deputy to the people’s congress at the next higher level who was elected by the said local people’s congress. In the proposal for the recall of a deputy, the reasons for the recall shall be clearly stated.

When a local people’s congress at or above the county level is in session, the deputy proposed to be recalled shall have the right to defend him or herself or to submit a written defense at the meeting of the presidium or at the plenary meeting of the congress; the presidium shall have the written defense printed and distributed to the deputies. After the proposal for the recall of the deputy is deliberated by the deputies at the meeting, it shall be submitted by the presidium to the plenary for voting.

When the standing committee of a local people’s congress at or above the county level meets, the deputy proposed to be recalled shall have the right to defend him or herself or submit a written defense at the council of chairmen or the plenary meeting of the standing committee; the council of chairmen shall print and distribute the written defense to the members of the standing committee. After the proposal for the recall of the deputy is deliberated by the members of the standing committee, it shall be submitted by the council of chairmen to the plenary meeting for voting.

Article 51Secret ballots shall be adopted for dismissing a deputy.

Article 52 The recall of a deputy to the people’s congress at the county or township level shall be adopted by a majority vote of all the voters in the electoral district from which the deputy was elected. 

The dismissal of a deputy elected by a local people’s congress above the county level shall be passed by more than half of the deputies to the people’s congress. When the people’s congress is not in session, it shall be passed by more than half of the members of the standing committee. The dismissing resolution shall be submitted to the standing committee of the people’s congress at the next higher level for the record and be announced.

Article 53 When a deputy serving on the standing committee of a people’s congress at or above the county level or on a special committee of apeople’s congress at or above the county level is recalled, he or sheshall be dismissed accordingly from membership on the standing committee or special committee, and the same shall be announced by the presidium or the standing committee.

When a deputy serving as chairman or vice-chairman of the people’s congress of a township, an ethnic township or a town is recalled, he or she shall be dismissed accordingly from chairmanship or vice-chairmanship, and the same shall be announced by the presidium.

Article 54Deputies to the National People’s Congress or the people’s congress of a province, autonomous region, or municipality directly under the central government, a city divided into districts or autonomous prefecture may submit a letter of resignation in writing to the standing committee of the people’s congress that elected the deputy. If the standing committee is to accept the resignation, it shall be passed by more than half of the standing committee members. The resolution accepting the resignation shall be submitted to the standing committee of the people’s congress at the next higher level for the record and be announced.

A deputy toa people’s congress at the county level may submit a letter of resignation in writing to the standing committee of the people’s congress at the same level; a deputy toa people’s congress at the township level may submit a letter of resignation in writing to the people’s congress at the same level. If the standing committee of a people’s congress at the county level is to accept the resignation, it shall be passed by more than half of the standing committee members. If the people’s congress of the township level is to accept the resignation, it shall be passed by more than half of the deputies to the people’s congress. If the resignation is accepted, it shall be announced.

Article 55When the request of a deputy for resignation is granted, his or her membership on the standing committee of the peoples’ congress at or above the county level or on the special committee of a people’s congress at or above the county level shall be terminated accordingly, which shall be announced by the standing committee.

When the request of a deputy for resignation is granted, his or her chairmanship or vice-chairmanship of the people’s congress of a township, ethnic township, or town shall be terminated accordingly, which shall be announced by the presidium.

Article 56If a deputy’s post becomes vacant for some reason during his or her term of office, the electoral district or electoral unit which elected him or her 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 or her administrative region during his or her term of office, he or she shall automatically be disqualified as a deputy and a by-election shall be held to fill the vacancy.

When a local people’s congress at or above the county level is not in session, its standing committee may conduct a by-election to fill the vacancy left by a deputy to the people’s congress 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 may be equal to the number of deputies to be elected. The specific methods for conducting by-elections shall be stipulated by the standing committees of people’s congresses of provinces, autonomous regions, and municipalities directly under the Central Government.

Deputies elected through by-elections shall be examined for their qualifications according to Article 46 of this Law.



Chapter XI 

Sanctions Against Disruption of Elections

Article 57In order to ensure that voters and deputies freely exercise their right to vote and stand for election, administrative penalties for public security shall, in accordance with the law, be imposed on a person who commits any of the following acts that disrupts an election and violates the provisions on public security administration; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law:

(1) Bribing a voter or deputy with money or other things of value to interfere with the voter or deputy freely exercising his or her right to vote and stand for election;

(2) Using violence, threat, deception or other illegal means to interfere with a voter or deputy in freely exercising his or her right to vote and stand for election;

(3) Forging electoral documents, falsifying vote tallies or committing other illegal acts; and

(4) Suppressing or retaliating against anyone who accuses or informs against the person committing illegal acts in an election or who demands the recall of a deputy.

Any State functionary who commits any of the acts prescribed in the preceding paragraph shall also be given administrative sanctions in accordance with the law.

Where anyone is elected by committing any of the actsprescribed in the preceding paragraph, the election result in his or her favor shall be null and void.

Article 58 In the event institutions presiding overan election discover disruptions to the election or receive a report on such disruptions, it shall investigate and dealwith the disruptions in accordance with the law in a timely manner. If legal liability need be investigated, the relevant cases shall be handed over to the relevant authorities.



Chapter XII

Supplementary Provisions


Article 59 The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under the Central government and their standing committees may formulate specific implementation provisions on elections in according with this Law and submit such provisions to the Standing Committee of the National Peoples Congress for the record.

Source: Editor: Lydia
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