Constitutional Council Fails to Reach Unanimous Decision on Challenge to Electoral Law Amendments, Keeping Them in Force

The Constitutional Council did not reach a decision on an appeal of amendments made to electoral law no. 44 of 2017, allowing the contested law to be considered in force.

Here’s what we know:

• The council held its seventh and final meeting under the chairmanship of Judge Tony Mashlab to resume deliberations on the appeal submitted by the Free Patriotic Movement.

• “Conflicting perspectives remained after seven sessions, that prolonged over three to five hours each, and we couldn't reach a unanimous decision between the seven members. Legally, since we couldn’t reach a decision, the law passed will remain in action and the date of the elections will depend on the Ministry of Interior,” said Mashlab.

• Mashlab said he doesn’t know if “any of us was influenced by a political affiliation but our discussions were purely legal. No politicians approached us.”

• Council members had conflicting views over diaspora voting, specifically on whether they should be represented by six MPs or not.

• “Failure to issue a decision means postponing elections in the 16th district [foriegn constituency] until 2026,” said Mashlab.