القاسم الانتخابي و سؤال حرية الناخب و صحة و سلامة الاقتراع

Abstract EN

The polling pattern is of particular importance in the various electoral systems, because it determines the manner in which voters’ votes are transformed into seats in the elected councils, and that seeking to change the polling pattern is often linked to a shift in the level of electoral stakes on the part of political actors.

In this context, the constitutional judge approved the constitutionality of Organizational Law No.

04.21, which approved the adoption of the electoral divider in the distribution of parliamentary seats based on the number of those registered in the electoral lists and not on the basis of valid votes expressed.

This raised a broad constitutional debate, which forced the constitutional researcher to answer questions such as; Does the adoption of the electoral denominator in this formula not contradict with ensuring the freedom of the voter and achieving the health and safety of voting? Or does the claim of the “electoral system” for members of the House of Representatives fall within the scope of legislation, and according to its discretionary authority, on which the Constitutional Court cannot comment as long as it does not violate the provisions of the Constitution.