Does the law criminalize any election-related offenses?
Yemen
Answer
Yes
Source
Article (127): Without contravening stricter punishment provided for inother Laws, the following offenses committed by any staff member of the SupremeCommittee’s General Secretariat and/or its branch offices – shall be punishableby a maximum (3) year imprisonment or by a fine not less than YR 400,000. Theconvicted staff member shall also be dismissed from office. The offensesreferred to above are as follows:
(1) Entering data or providing information in violation of the provisions ofthis Law, its executive orders and the instructions issued by the SupremeCommittee – particularly if such information caused the Supreme Committee totake a course of action in violation of the provisions of this Law;
(2) Issuing instructions in violation of the provisions of this Law and incontradiction with rules and regulations adopted by the SupremeCommittee;
(3) Releasing information and/or data or disclosing classified information tounauthorized individuals and/or agencies;
(4) Causing changes to the division and distribution of electoral centers andconstituencies or tampering with information and data in contradiction with theSupreme Committee’s policy guidelines;
(5) Tampering with voter registers or running candidates’ logos;
(6) Disclosing classified information which may adversely affect the electoralprocess.
Article (128): Without contravening stricter punishment provided for in otherLaws, the following offenses – committed by heads and members of electioncommittees or any other committee(s) formed by the Supreme Committee during anelectoral process – shall be punishable by a maximum one year imprisonment orby a fine not less than YR 150,000. The offenses referred to above are asfollows:
(1) Tampering with voter registers by unauthorized entry or deletion of namesor by deliberate omission of names from voter registers on Election Day;
(2) Tampering with election results or using stalling tactics to delay theannouncement of election results by refusal to endorse such results;
(3) Concealing ballot slips or using ballot slips in excess of the actualnumber of voters;
(4) Issuing orders in contradiction with the provisions of this Law, itsexecutive orders and the policy guidelines endorsed by the SupremeCommittee;
(5) Refusal to consider a legally reasoned petition and/or request by a runningcandidate or any person with vested interest in the electoral process in clearviolation of the provisions of this Law, its executive orders and the SupremeCommittee’s policy guidelines;
(6) Non-compliance with the schedule of events governing the whole electoralprocess;
(7) Deliberate failure to deliver on schedule election results and otherrelevant documentation to the General Secretariat or any of its chapters;
(8) Unfolding ballot-slip envelopes before the scheduled date and time ordisclosing information about ballot slips to any political party, organizationor any running candidate;
(9) Disclosing classified information or data which may adversely affect thevested interest of others.
Article (129): Without contravening stricter punishment provided for in otherLaws, election offenses committed by executive and/or security officers shallbe punishable by a maximum one year imprisonment. The convicted officer shallalso be discharged from service.
Article (130): Without contravening stricter punishment provided for in otherLaws, election offenses – caused by members of any political party and/ororganization and consequently resulting in disruption of the electoral process,postponement and/or cancellation of elections – shall be subject to punishment.The political parties concerned shall be held accountable and subject topunishment as follows:
(1) Bear the cost of supplementary elections to be held at the electoral centreand/or constituency where the general election was either postponed orcancelled;
(2) Barring (the concerned political party and/or organization) fromparticipation in supplementary elections;
(3) Public disclosure of the ruling as well as naming of the political partyand/or organization indicated for such election offenses. State-run mediasources and the mouthpiece of the party (in focus) shall be used for disclosurepurposes.
Article (131): Execution of the penalties cited above shall by no means deterthe aggrieved from resorting to the Court to claim for compensatory and/orconsequential damages.
Article (132): Without contravening stricter punishment provided for in PenalLaws, the following shall be punishable by a maximum (6) monthsimprisonment:
1. Any person convicted of any violation of the provisions of Part Four of thisLaw;
2. Any person who may have voted with full knowledge of the fact that his/hername had been wrongfully listed in voter registers or that s/he was no longereligible for voting;
3. Any person who may have disclosed the opinion of another voter againsthis/her wish;
4. Any person who may have voted more than once in any single election;
5. Any person making an unauthorized entry into any polling station and who mayhave refused to leave the station after being ordered to do so by the ElectionCommittee;
6. Any person who may have taken part in a demonstration or rally on ElectionDay;
7. Any person who may have taken part in a gathering with the intent of causingchaos and/or inciting a riot on Election Day;
8. Any person convicted of stealing, concealing, destroying or tampering withelection documents;
9. Any person who may have acted against the will of an illiterate voter byfilling in a name and/or a symbol not intended by the voter. The samepunishment shall be applicable to any person who may have obstructed a voterfrom exercising his/her right to vote;
10. Any head or committee member who may have been reprimanded and thenconvicted of negligence in performing his/her duties in accordance with theprovisions of this Law.
Article (133): Without contravening stricter punishment provided for in PenalLaws, any of the followings shall be punishable by a maximum one yearimprisonment:
1. Any person who may have used force or threatened to use force to prevent avoter from voting or to coerce a voter to vote in favor of a certaincandidate;
2. Any person who may have granted, offered or pledged to grant a voter (orothers on behalf of the voter) certain favors and/or concessions with theultimate purpose of coercing the voter to act in favor of a certain candidateor to abstain from voting;
3. Any person who may have distributed or propagated inaccurate informationabout the character and/or morality of a certain candidate among voters withthe ultimate purpose of influencing voters and thus affecting the electoraloutcome;
4. Any person who may have entered a polling station with fire arms in violationof the provisions of Article (97) of this Law;
5. Any person who may have been convicted of swearing at, slandering, attackingor threatening to attack any election committee or any of its members while onduty or because of such duties;
6. Any person who may have been convicted of hijacking ballot boxes with theintention to bargain with or hinder the outcome of the election process;
7. Any person who may have abused power and authority to influence the opinionof any given voter. Such a person may also be removed from office;
8. Any person who may have violated the provisions of Article (143) of thisLaw.
Article (134): Without contravening stricter punishment provided for in PenalLaws, the followings shall be punishable by at least (18) months imprisonmentor by a fine not less than YR 200,000:
1. Any person who may have concealed, distorted or tampered with voters’register in what so ever manner and/or capacity.
2. Any person who may have used force or threatened to use force with intent todisrupt law and order and violate electorate freedom on Election Day.
Article (135): Any person who may have entered his/her name in voter registersusing more than one domicile address in clear violation of the provisions ofArticle (4. b) of this Law – shall be punishable by (3) months imprisonment.Names of persons indicted of such acts shall be removed from all voters’registers.
Article (136): All penalties cited above may be reduced to half in extenuatingcircumstances (i.e. attempted election crimes and/or offenses).
Article (137): If a person committed a crime or showed intention to commit acrime in a polling station, the Election Committee’s Head shall immediatelydraw minutes confirming the event and shall order law enforcement agencies toarrest the suspect and to bring him/her to justice.
(1) Entering data or providing information in violation of the provisions ofthis Law, its executive orders and the instructions issued by the SupremeCommittee – particularly if such information caused the Supreme Committee totake a course of action in violation of the provisions of this Law;
(2) Issuing instructions in violation of the provisions of this Law and incontradiction with rules and regulations adopted by the SupremeCommittee;
(3) Releasing information and/or data or disclosing classified information tounauthorized individuals and/or agencies;
(4) Causing changes to the division and distribution of electoral centers andconstituencies or tampering with information and data in contradiction with theSupreme Committee’s policy guidelines;
(5) Tampering with voter registers or running candidates’ logos;
(6) Disclosing classified information which may adversely affect the electoralprocess.
Article (128): Without contravening stricter punishment provided for in otherLaws, the following offenses – committed by heads and members of electioncommittees or any other committee(s) formed by the Supreme Committee during anelectoral process – shall be punishable by a maximum one year imprisonment orby a fine not less than YR 150,000. The offenses referred to above are asfollows:
(1) Tampering with voter registers by unauthorized entry or deletion of namesor by deliberate omission of names from voter registers on Election Day;
(2) Tampering with election results or using stalling tactics to delay theannouncement of election results by refusal to endorse such results;
(3) Concealing ballot slips or using ballot slips in excess of the actualnumber of voters;
(4) Issuing orders in contradiction with the provisions of this Law, itsexecutive orders and the policy guidelines endorsed by the SupremeCommittee;
(5) Refusal to consider a legally reasoned petition and/or request by a runningcandidate or any person with vested interest in the electoral process in clearviolation of the provisions of this Law, its executive orders and the SupremeCommittee’s policy guidelines;
(6) Non-compliance with the schedule of events governing the whole electoralprocess;
(7) Deliberate failure to deliver on schedule election results and otherrelevant documentation to the General Secretariat or any of its chapters;
(8) Unfolding ballot-slip envelopes before the scheduled date and time ordisclosing information about ballot slips to any political party, organizationor any running candidate;
(9) Disclosing classified information or data which may adversely affect thevested interest of others.
Article (129): Without contravening stricter punishment provided for in otherLaws, election offenses committed by executive and/or security officers shallbe punishable by a maximum one year imprisonment. The convicted officer shallalso be discharged from service.
Article (130): Without contravening stricter punishment provided for in otherLaws, election offenses – caused by members of any political party and/ororganization and consequently resulting in disruption of the electoral process,postponement and/or cancellation of elections – shall be subject to punishment.The political parties concerned shall be held accountable and subject topunishment as follows:
(1) Bear the cost of supplementary elections to be held at the electoral centreand/or constituency where the general election was either postponed orcancelled;
(2) Barring (the concerned political party and/or organization) fromparticipation in supplementary elections;
(3) Public disclosure of the ruling as well as naming of the political partyand/or organization indicated for such election offenses. State-run mediasources and the mouthpiece of the party (in focus) shall be used for disclosurepurposes.
Article (131): Execution of the penalties cited above shall by no means deterthe aggrieved from resorting to the Court to claim for compensatory and/orconsequential damages.
Article (132): Without contravening stricter punishment provided for in PenalLaws, the following shall be punishable by a maximum (6) monthsimprisonment:
1. Any person convicted of any violation of the provisions of Part Four of thisLaw;
2. Any person who may have voted with full knowledge of the fact that his/hername had been wrongfully listed in voter registers or that s/he was no longereligible for voting;
3. Any person who may have disclosed the opinion of another voter againsthis/her wish;
4. Any person who may have voted more than once in any single election;
5. Any person making an unauthorized entry into any polling station and who mayhave refused to leave the station after being ordered to do so by the ElectionCommittee;
6. Any person who may have taken part in a demonstration or rally on ElectionDay;
7. Any person who may have taken part in a gathering with the intent of causingchaos and/or inciting a riot on Election Day;
8. Any person convicted of stealing, concealing, destroying or tampering withelection documents;
9. Any person who may have acted against the will of an illiterate voter byfilling in a name and/or a symbol not intended by the voter. The samepunishment shall be applicable to any person who may have obstructed a voterfrom exercising his/her right to vote;
10. Any head or committee member who may have been reprimanded and thenconvicted of negligence in performing his/her duties in accordance with theprovisions of this Law.
Article (133): Without contravening stricter punishment provided for in PenalLaws, any of the followings shall be punishable by a maximum one yearimprisonment:
1. Any person who may have used force or threatened to use force to prevent avoter from voting or to coerce a voter to vote in favor of a certaincandidate;
2. Any person who may have granted, offered or pledged to grant a voter (orothers on behalf of the voter) certain favors and/or concessions with theultimate purpose of coercing the voter to act in favor of a certain candidateor to abstain from voting;
3. Any person who may have distributed or propagated inaccurate informationabout the character and/or morality of a certain candidate among voters withthe ultimate purpose of influencing voters and thus affecting the electoraloutcome;
4. Any person who may have entered a polling station with fire arms in violationof the provisions of Article (97) of this Law;
5. Any person who may have been convicted of swearing at, slandering, attackingor threatening to attack any election committee or any of its members while onduty or because of such duties;
6. Any person who may have been convicted of hijacking ballot boxes with theintention to bargain with or hinder the outcome of the election process;
7. Any person who may have abused power and authority to influence the opinionof any given voter. Such a person may also be removed from office;
8. Any person who may have violated the provisions of Article (143) of thisLaw.
Article (134): Without contravening stricter punishment provided for in PenalLaws, the followings shall be punishable by at least (18) months imprisonmentor by a fine not less than YR 200,000:
1. Any person who may have concealed, distorted or tampered with voters’register in what so ever manner and/or capacity.
2. Any person who may have used force or threatened to use force with intent todisrupt law and order and violate electorate freedom on Election Day.
Article (135): Any person who may have entered his/her name in voter registersusing more than one domicile address in clear violation of the provisions ofArticle (4. b) of this Law – shall be punishable by (3) months imprisonment.Names of persons indicted of such acts shall be removed from all voters’registers.
Article (136): All penalties cited above may be reduced to half in extenuatingcircumstances (i.e. attempted election crimes and/or offenses).
Article (137): If a person committed a crime or showed intention to commit acrime in a polling station, the Election Committee’s Head shall immediatelydraw minutes confirming the event and shall order law enforcement agencies toarrest the suspect and to bring him/her to justice.
