Requirement to issue reasoned decision

LAW on Election of Members ofthe National Assembly (LEMNA) and Amendments of Law on Election of Members ofthe National Assembly

Art. 109-(new)

The Commune/Sangkat ElectionCommissions shall collect the minute and other documents from all Polling Station Commission and make a report of consolidation of the electionresults in their commune/sangkat. This report of consolidation shall be made infour (4) copies, one (1) of which shall be sent to the National ElectionCommittee, one (1) copy to be sent to the concerned Provincial/ MunicipalElection Commission, one (1) copy to be posted at the Commune/Sangkat ElectionCommission’s office and the last one to be kept for filing. If there are complaints againstthe election results or irregularities at any polling station, the Commune/Sangkat Election Commission shall immediately hold a decision-making meetingopen to public to solve those complaints.

In case, a complainant is notsatisfied with the Commune/Sangkat

Commission’s decision, he/sheor his/her representative has the right to appeal to the Provincial/MunicipalElection Commission immediately.

Art. 111 (new)

If there is contested complaint against the result of the election oragainst serious irregularity,the Provincial/Municipal Electoral Commission shall immediately hold a hearingopen to public to decide on such complaint and shall send its decision with theattachment of the report of the consolidated results of the election to theNational Election Committee. If the complainant is not satisfied with the decision of theProvincial/Municipal Electoral Commission, he/she or representative shall filea contested complaint immediately to the National Election Committee. TheNational Election Committee shall examine and decide whether to accept theelection result as valid or to organize a re-election. The re-election shall beorganized within eight (8) days, after this decision [of the NEC].

Art. 114

After the announcement of theprovisional results of the Election, , all political party registered for runningin the Election may file a complaint against all or part of the electionresults within seventy two (72) hours to the National Election Committee ordirectly to the Constitutional Council by indicating irregularities caused bythe Commissions or Members of the Commissions, the date and the placewhereirregularities have taken place, the names and addresses of witnesses,including other documents or evidences.

Art. 116 (new)

If the National ElectionCommittee finds that the appeal has reasonable

ground, the National ElectionCommittee shall open a public hearing to decide on the appeal. In such case,the National Election Committee shall publicize the date and place of thehearing and inform the appellant or/and the political party, and theConstitutional Council.

Source: http://www.necelect.org.kh/nec_english/index.php?option=com_content&view=article&id=93&Itemid=216