Election campaign for National Assembly candidates, legislation and regulations in accordance with Kuwaiti law
Kuwait is currently experiencing the parliamentary elections for Parliament for the year 2012. The activities of these elections are accompanied by many procedures for the candidates and the electoral process in general. Perhaps one of the most important things that we cast shadows here is the legislation related to organizing the election campaign for candidates. Hence, in this context, we present in this context Law 35 of 1962 regarding the elections of members of the National Assembly and its amendments, which includes the provisions relating to the controls of electoral advertising, especially those provisions contained in Articles 31 bis and 31 bis «A», as they are the two organizations for the propaganda process.
Article 31 bis stipulates the following: “It is prohibited to set up booths, tents, or anything like that, or to use all means of transport for the purpose of electoral campaigning in front of polling stations or others. With the exception of inside the candidate’s electoral headquarters or on its walls, it is prohibited to set up advertisements, banners, or pictures of the candidates, or to announce the holding of any meetings for consultations regarding the elections, or to express thanks or congratulations to the candidates, even after the end of the electoral process, in public roads, facilities, or public or private buildings as advertisements for candidates. The Ministry of Interior, after closing the nomination door, puts billboards in the suburb centers and its branches and any other places the ministry deems it to be written in clear and unified handwriting the names of all candidates and their photos for each department in order according to the alphabetical letters, and the Ministry of Interior with Kuwait Municipality removes any acts in violation of this immediately at the expense of the violator .
The Ministry of Interior, in coordination with the Ministries of Education, Social Affairs and Labor, during the electoral campaign period, allocates school theaters, community service development halls, and wedding halls to hold electoral seminars for all candidates who request this and equally between them, provided that the candidate pays a security amount determined by the Ministry of Interior, which will be returned to him after completion Holding electoral seminars in the places mentioned above, provided that he delivers them in the state they were in.
Article 31 bis A stipulated the following: “Subject to the provisions of the previous article, the Kuwait Municipality shall issue to each candidate a license to set up two electoral headquarters, one for males and the other for females, in which electoral seminars are allowed and called for, starting from the date of publishing the decree or decision calling for elections in the Official Gazette. Whoever contravenes the provisions of this article and the previous article shall be liable to a fine of not less than one thousand dinars and not more than three thousand dinars.
The Ministry of the Interior, together with the Kuwait Municipality, will remove any electoral premises held in violation of this immediately at the expense of the violator.
The ministries of interior and municipality are obligated to form a joint committee to oversee the implementation of the provisions of this article and the previous article, provided that the committee submits to them a weekly report on its work.
It is noticed - through what the two articles indicate - that the law has clarified the conditions and controls for campaigning for the National Assembly elections, and that they must be adhered to. Without any other advertising appearances.
Otherwise, in the event of a violation, he will receive the stipulated penalty, which is the financial penalty that is not less than one thousand dinars and not more than three thousand dinars.
Hence, we note several caveats that must be noted, which are as follows:
1- Not to use the means of transportation from cars or anything else in general to carry out electoral campaigning, whether through written advertising banners or candidate photos.
2- It is prohibited to establish any booths, buildings or temporary facilities outside the boundaries of the candidate's electoral headquarters.
3- The electoral headquarters are only intended for electoral seminars and calls for them.
4- In the event of any violations, both the municipality and the Ministry of Interior will remove them at the expense of the violator.
5- Violations include any announcements, whether before, during or after the electoral process, whether congratulating or thanking, indicating the headquarters site, or holding any meetings for consultation.
It is noted - in this regard - that these two articles, which were issued in accordance with Law No. 4 of 2008 AD regarding amending some provisions of Law No. 35 of 1962 AD regarding the elections for members of the National Assembly, have taken a firm and hard-line approach against advertising media that violate its provisions and impose heavy penalties to control the rhythm of the propaganda process It was restricted to electoral headquarters due to the random and unorganized methods observed in the previous elections regarding the process of installing and setting up advertisements and headquarters in a way that directly affected public facilities and damages them, in addition to their impact on traffic and blocking visibility and the resulting large losses, in addition to the accumulation Squares and public places with advertisements left by their owners, which constitutes a great burden on the specialized authorities in the state and thus burdens the state’s general budget with this removal, and then the legalization of the electoral campaigning process in this way had a positive impact on the public appearance.
However, we must draw attention to the need to exercise caution in practicing any propaganda actions contrary to what was issued by Law No. 35 of 1962, because it is certain that the financial penalty of not less than one thousand dinars and not more than three thousand dinars will be awaiting the violator.
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