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The order of parties on the AR (parliament) ballot chosen Wednesday 21 August by the CNE violated the law. Positions on the ballot paper are chosen by lot, that is, randomly, but with one restriction. The law (2/19 art 188) says that a first lottery is for parties standing in all constituencies, who get the top positions, followed by a second lottery for other parties not standing everywhere.
But the CNE Wednesday put the four parties with presidential candidates first, in the same order as on the presidential ballot paper as defined by the Constitutional Council lottery – which puts Frelimo at the top of the AR list. Then they did a single lottery for all the remaining parties, with no distinction between those standing in all provinces and those standing only in some.
This is clearly illegal, and putting presidential candidates first is nowhere mentioned in the law.
Five parties are standing for parliament (AR, Assembleia da Republica) in all constituencies – 11 provinces plus Africa and Europe – Frelimo, Renamo, MDM, Parena and PVM. The fourth presidential candidate is from Amusi which is not standing in Gaza, so should not be in the first group.
Also, the law is clear that the two lotteries are separate. The one for President is done by the Constitutional Council, and the one for parliament is done by the CNE. In the 2014 election, only the three parties with presidential candidates were standing in all constituencies, but the two lotteries put them in difference order. The presidential ballot paper order in 2014 was Renamo, Frelimo, MDM while the AR ballot paper order MDM, Renamo, Frelimo.
By Joseph Hanlon
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