Electoral Law of the People's Republic of China for the All-China People's Congress and Local People's Congresses of All Levels

ELECTORAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE ALL-CHINA PEOPLE'S CONGRESS AND LOCAL PEOPLE'S CONGRESSES OF ALL LEVELS

Promulgated by the Central People's Government on March 1, 1953

CHAPTER I—GENERAL PROVISIONS
ARTICLE 1. The All-China People's Congress and local people's congresses of all levels of the People's Republic of China shall be elected by the people of all nationalities on the basis of universal suffrage in accordance with Article 12 of the Common Programme of the Chinese People's Political Consultative Conference.

ARTICLE 2. Deputies to the All-China People's Congress; deputies to the people's congress of a province, county, hsiang (or town); deputies to the people's congress of a municipality, of a municipal district, and deputies to the people's congress of a national autonomous region shall be elected according to the existing divisions of administrative areas.

ARTICLE 3. Deputes to the All-China People's Congress and deputies to the people's congress of a province, county or municipality divided into districts, shall be elected by the people's congress of the respective next lower level. Deputies to the people's congress of a hsiang, town, municipal district or municipality not divided into districts, shall be elected directly by the electors.

ARTICLE 4. All citizens of the People's Republic of China who have reached the age of eighteen shall have the right to elect and to be elected irrespective of nationality or race, sex, occupation, social origin, religion, education, property status, or residence.

Women shall have the right to elect and to be elected on equal terms with men.

ARTICLE 5. None of the following shall have the right to elect or to be elected:

(1) Elements of the landlord class whose status has not yet been changed according to law;

(2) Counter-revolutionaries who have been deprived of political rights according to law;

(3) Others who have been deprived of political rights according to law;

(4) Insane persons.

ARTICLE 6. Each elector shall have one vote only.

ARTICLE 7. The people's armed forces and overseas Chinese may conduct separate elections. Regulations governing such elections shall be made separately.

ARTICLE 8. Election expenses for the All-China People's Congress and the local people's congresses of all levels shall be disbursed by the national treasury.

SECTION 1—HSIANG AND TOWNS
ARTICLE 9. Number of deputies to the people's congress of a hsiang or town:

A hsiang or town with a population not exceeding 2,000 shall elect 15 to 20 deputies; with a population exceeding 2,000, 20 to 35 deputies.

A hsiang or town with an exceptionally small population may elect less than 15, but not less than seven deputies; a hsiang or town with an exceptionally large population may elect more than 35, but not more than 50 deputies.

SECTION 2—COUNTIES
ARTICLE 10. Number of deputies to the people's congress of a county:

A county with a population not exceeding 200,000 shall elect 100 to 200 deputies; with a population exceeding 200,000, 200 to 350 deputies.

A county where the population and the number of hsiang are exceptionally small shall elect less than 100, but not less than 30 deputies; a county where the population and number of hsiang are exceptionally large shall elect more than 350, but not more than 450 deputies.

ARTICLE 11. Number of deputies to be elected from a hsiang to a county people's congress:

A hsiang with a population not exceeding 2,000 shall elect one deputy; with a population exceeding 2,000 and up to 6,000, two deputies; with a population of more than 6,000, three deputies. In counties where the population and the number of hsiang are exceptionally small, each hsiang with a population below 2,000 may nevertheless elect two deputies.

One deputy shall be elected for every 500 of the population in cities and towns under a county and in important industrial and mining districts within the boundaries of a county. One deputy may nevertheless be elected in places where the population is less than 500 but more than 250. A city or town under a county where the population and number of towns are exceptionally large may elect one deputy for every 1,000 of the population.

ARTICLE 12. The number of deputies to be elected from the people's armed forces to a county people's congress shall be from one to five.

SECTION 3—PROVINCES
ARTICLE 13. Number of deputies to a provincial people's congress:

A province with a population not exceeding twenty million shall elect from 100 to 400 deputies; with a population exceeding twenty million, from 400 to 500 deputies. In a province where the population and the number of counties are exceptionally small, the number of deputies may be less than 100 but not less than 50; where the population and the number of counties are exceptionally large, the number of deputies may exceed 500 but shall not exceed 600.

ARTICLE 14. Number of deputies to be elected from a county to a provincial people's congress:

A county with a population not exceeding 200,000 shall elect one to three deputies; a county with a population exceeding 200,000 and up to 600,000 shall elect two to four deputies; a county with a population exceeding 600,000 shall elect three to five deputies.

One deputy shall be elected for every 20,000 of the population in provincial municipalities and towns and in important industrial and mining districts within the boundaries of a province. One deputy may nevertheless be elected in those places where the population is less than 20,000 but more than 10,0000.

ARTICLE 15. The number of deputies to be elected from the people's armed forces to a provincial people's congress shall be from three to fifteen.

SECTION 4—MUNICIPALITIES
ARTICLE 16. Number of deputies to a municipal people's congress:

A municipality with a population not exceeding 100,000 shall elect one deputy for every 500 to 1,000 persons; a municipality with a population exceeding 100,000 and up to 350,000 shall elect one deputy for every 1,000 to 2,000 persons; a municipality with a population exceeding 350,000 up to 750,000 shall elect one deputy for every 2,000 to 3,000 persons; a municipality with a population exceeding 750,000 and up to 1,500,000 shall elect one deputy for every 3,000 to 5,000 persons; a municipality with a population exceeding 1,500,000 shall elect one deputy for every 5,000 to 7,000 persons.

The number of deputies to a municipal people's congress shall be not less than 50 and not more than 800. The number of persons represented by one deputy from a municipal suburban district shall be greater than the number of persons represented by one deputy from a municipal urban district.

ARTICLE 17. The number of deputies to be elected from the people's armed forces to a municipal people's congress shall be from two to ten.

ARTICLE 18. Number of deputies to the people's congress of a municipal district:

One deputy shall be elected for every 500 to 2,000 of the population, but the total number of deputies shall be not less than 35 and not more than 200.

CHAPTER III—NUMBER OF DEPUTIES TO THE ALL-CHINA PEOPLE'S CONGRESS
ARTICLE 19. Deputies to the All-China People's Congress shall be elected by the people's congresses of provinces, municipalities directly under the Central People's Government, industrial municipalities with a population of more than 500,000 directly under a provincial government, by national minority administrative units directly under the Central People's Government by the people's armed forces and by the overseas Chinese.

ARTICLE 20. The number of deputies to be elected from a province to the All-China People's Congress shall be on the basis of one deputy for every 800,000 persons. The number of deputies from a province with an exceptionally small population shall be not less than three.

The number of deputies to be elected to the All-China People's Congress from a municipality directly under the Central People's Government and from an industrial municipality with a population of more than 500,000 directly under a provincial government shall be on the basis of one deputy for every 100,000 persons.

ARTICLE 21. The national minorities throughout the country shall elect 150 deputies to the All-China People's Congress.

ARTICLE 22. The people's armed forces shall elect 60 deputies to the All-China People's Congress.

ARTICLE 23. The overseas Chinese shall elect 30 deputies to the All-China People's Congress.

CHAPTER IV—ELECTIONS AMONG NATIONAL MINORITIES
ARTICLE 24. In deciding on the distribution of the 150 deputies to be elected to the All-China People's Congress by the national minorities throughout the country, the Central People's Government shall take into consideration the size and distribution of the population, and other such factors relating to the national minorities.

Notwithstanding the provisions of the preceding paragraph, national minority electors who are otherwise elected as deputies to the All-China People's Congress shall not be included in the figure of 150 hereinbefore mentioned.

ARTICLE 25. Election of national minority deputies to the All-China People's Congress:

Deputies from a national minority administrative unit directly under the Central People's Government shall be elected by the administrative unit concerned; deputies of a national minority in any other area shall be elected by the provincial or municipal people's congress.

ARTICLE 26. The number of deputies to be elected from among national minorities to a local people's congress shall be included in the number of deputies as stipulated in the articles of Chapter II of this Law.

ARTICLE 27. Every national minority wherever concentrated shall each have its own deputy or deputies to the local people's congress.

(1) Where the total population of a national minority concentrated in an area exceeds 10 per cent of the total population of the area, the number of persons represented by each of its deputies shall be approximately equal to the number of persons represented by any other deputy to the local people's congress, as stipulated in the provisions concerning the number of deputies in Chapter II of this Law.

(2) Where the total population of a national minority concentrated in an area is less than 10 per cent of the total population of the area, the number of persons represented by each of its deputies may be correspondingly less than the number represented by any other deputy to the local people's congress, but in principle it shall be not less than one half. But even where the population is exceptionally small, the national minority shall elect one deputy.

(3) Where, in accordance with the preceding clause, the number of deputies to a local people's congress exceeds the number stipulated in the articles of Chapter II of this Law, the case shall be submitted for approval to the people's government of a higher level.

ARTICLE 28. The number of deputies to the people's congresses in a national autonomous region shall be appropriately determined in accordance with the administrative status of the region and the size of its population, and shall be submitted for approval to the people's government of the next higher level.

ARTICLE 29. In a national autonomous region, deputies to the local people's congresses from among the other national minorities concentrated in the area shall be elected in accordance with the stipulations of Article 27.

Where Hans are concentrated in a national autonomous region and in areas where national minorities are concentrated, elections of Han deputies to the people's congresses of all levels shall be similarly governed by Article 27.

ARTICLE 30. Dispersed groupings of all national minorities may take part in the elections of deputies to the people's congresses of all levels. The number of their deputies shall be proportionate to the population. The number of persons represented by each national minority deputy may be less than the number of persons represented by any other deputy to the local people's congress, but in general it shall not less than one half.

Where Hans are dispersed in a national autonomous region and in areas where national minorities are concentrated, elections of Han deputies to the people's congresses of all levels shall be governed by the above paragraph.

ARTICLE 31. Deputies to the people's congresses in a national autonomous region equivalent to people's congresses in hsiang, towns, municipal districts and municipalities not divided into districts shall be directly elected by the electors. Deputies to the people's congresses of other levels shall be elected by the people's congresses of the next lower level.

The above paragraph shall only apply to the election of national minority deputies to the people's congresses of all levels in localities where national minorities are concentrated.

ARTICLE 32. The election of deputies to people's congresses in hsiang, towns, municipal districts and municipalities not divided into districts where national minorities reside may be carried out by the national minority electors separately or jointly, according to existing relations between the nationalities and their residential distribution.

Where Hans are concentrated or dispersed in a national autonomous region and in areas where national minorities are concentrated, elections of Han deputies to the people's congresses of all levels shall be governed by the above paragraph.

ARTICLE 33. Other matters relating to elections among national minorities shall be dealt with by referring to the relevant articles of this Law.

ARTICLE 34. In those national minority areas where conditions for universal suffrage do not yet exist, methods of election shall be stipulated separately by the people's government of a higher level.

CHAPTER V—ELECTION COMMITTEES
ARTICLE 35. The Central Election Committee and local election committees of all levels shall be set up under the Central People's Government and the local people's governments of all levels. The central and local election committees of all levels shall be the organs dealing with all matters pertaining to the election of the All-China People's Congress and the local people's congresses of all levels.

The Central Election Committee shall be appointed by the Central People's Government Council. The local election committees of all levels shall be appointed by the people's government of the next higher level.

ARTICLE 36. Composition of the Central Election Committee and the local election committees of all levels:

(1) The Central Election Committee: one chairman and twenty-eight members;

(2) Provincial (or municipal) election committees: one chairman and eight to twenty members;

(3) Election committees at the level of provincial municipalities, municipal districts and counties: one chairman and six to twelve members;

(4) Election committees at hsiang (or town) level: one chairman and four to eight members.

The staff for the central and local election committees of all levels shall be appointed by the election committees concerned.

ARTICLE 37. Functions of the Central Election Committee:

(1) To direct and supervise the correct application of this Law throughout the country and to issue directives and decisions in accordance with the provisions of this Law;

(2) To direct the work of the local election committees of all levels;

(3) To prescribe the forms for the register of electors, electors' certificates and certificates of election to duly elected deputies of the people's congresses of all levels, and the design of official seals for the electoral committees of all levels;

(4) To deal with information concerning unlawful practicals during elections and charges thereof and to decide on final measures to be taken;

(5) To register the deputies duly elected to the All-China People's Congress, to publish a list of deputies elected and to issue them certificates of election.

ARTICLE 38. Functions of election committees at the level of a province, county or municipality divided into districts:

(1) To supervise the correct application of this Law in the areas under their respective jurisdiction;

(2) To direct the wok of election committees at the lower levels;

(3) To deal with information concerning unlawful practices during elections and charges thereof in areas under their respective jurisdiction and to decide on measures to be taken;

(4) To register the deputies duly elected to the people's congresses at their corresponding levels, to publish lists of the deputies elected and to issue them certificates of election.

ARTICLE 39. Functions of election committees at the level of hsiang, town, municipal district and municipality not divided into districts:

(1) To supervise the correct application of this Law in the areas under their respective jurisdiction;

(2) To register the electors and to examine and publish the register of electors;

(3) To deal with objections to the register of electors in the areas under their respective jurisdiction and to decide on measures to be taken;

(4) To register and publish the list of candidates;

(5) To define the limits of electoral districts in accordance with the residential distribution of the electors;

(6) To fix the date and method of election and to convene and conduct election meetings;

(7) To issue electors' certificates;

(8) To count the ballot, determine who is elected, publish the list of deputies duly elected and issue them certificates of election.

ARTICLE 40. After an election, the election committee shall transfer to the people's government at the corresponding level for safe-keeping all documents concerning the election and shall forthwith submit reports summing up the election to the people's government and to the election committee of a higher level.

ARTICLE 41. Election committees shall be dissolved after they have completed their work.

CHAPTER VI—REGISTRATION OF ELECTORS
ARTICLE 42. An election committee of a hsiang, town, municipal district or municipality not divided into districts shall register electors and issue them electors' certificates before an election.

ARTICLE 43. An elector shall register only once.

ARTICLE 44. The register of electors shall be published 30 days before an election.

ARTICLE 45. Anyone who objects to the published register of electors may bring his complaint before the election committee concerned, which committee shall make a decision within five days. If the person who has made such objections is dissatisfied with the decision, he may take his case to a people's tribunal or a people's court whose decision shall be final.

ARTICLE 46. An elector who changes his residence during the period of an election shall be transferred to the register of electors of the district he moves to after he has obtained a transfer certificate from the election committee of his former place of residence.

CHAPTER VII—NOMINATION OF CANDIDATES FOR ELECTION
ARTICLE 47. A candidate who stands for election as deputy to the All-China People's Congress or local people's congress shall be nominated according to electoral districts or electoral units.

The Communist Party of China, the various democratic parties, the various people's organizations, and electors or representatives who are not affiliated to the above-mentioned parties or organizations, may all nominate candidates for election as deputies either jointly or separately according to electoral districts or electoral units.

ARTICLE 48. A candidate who stands for election as deputy to the All-China People's Congress or local people's congress of the same level shall be eligible for election only in one electoral unit or in one electoral district.

ARTICLE 49. In electing deputies to a people's congress of a higher level, a local people's congress shall not limit the list of candidates for election to its own deputies.

ARTICLE 50. The list of candidates shall be published in advance.

ARTICLE 51. An elector may vote in accordance with the list of candidates or for any other elector he may choose.

CHAPTER VIII—PROCEDURE OF ELECTIONS
ARTICLE 52. Elections of deputies to the people's congress of a hsiang, town, municipal district or municipality not divided into districts shall be held at a fixed date, in accordance with the decision of the people's government of a higher level.

ARTICLE 53. Elections of deputies to the people's congress of a hsiang, town, municipal district or municipality not divided into districts shall be held at election meetings called separately in the various districts defined in accordance with the residential distribution of the electors.

ARTICLE 54. An election meeting in a hsiang, town, municipal district or municipality not divided into districts shall be held only in the presence of a representative of the election committee concerned. The presidium of an election meeting shall comprise three persons: the representative of the election committee as ex officio chairman of the presidium; the other two members to be elected at the meeting.

A local people's congress, in electing deputies to a people's congress of the next higher level, shall be presided over by its own presidium.

ARTICLE 55. The election of deputies to the people's congress of a hsiang, town, municipal district or municipality not divided into districts, and the election of hsiang or town deputies to a county people's congress, may be conducted by a show of hands or by secret ballot. Election to a people's congress of and above the county level shall be conducted by secret ballot.

An elector who is unable to write because of illiteracy or infirmity may ask any other elector to record his vote for him.

ARTICLE 56. At an election meeting or people's congress, an election shall be held only when more than half of the electors or deputies are present. If the number of electors or deputies present is less than the required quorum, the election committee or the presidium shall fix a date for convening another meeting to proceed with the election. At the second meeting, the election shall be held even if the number of electors or deputies present is less than half of the total.

ARTICLE 57. When the voting is over, scrutineers elected by the meeting shall check the number of voters and votes cast and draw up a report to be signed by the chairman of the meeting.

ARTICLE 58. An election shall be invalid if the number of votes cast is more than the number of voters. It shall be valid if the number of votes cast is less than the number of voters.

A ballot shall be invalid if more candidates are voted for than the number stipulated. It shall be valid if fewer candidates are voted for than the number stipulated.

ARTICLE 59. Candidates who stand for election as deputies to a people's congress shall be deemed elected if they receive more than half of the votes cast by the electors or deputies present. Another election shall be held if the number of votes received by the candidates is less than half of the number cast by the electors or deputies present.

ARTICLE 60. Election returns shall be declared valid or invalid in accordance with this Law and announced by the election committee or the presidium.

ARTICLE 61. During his tenure of office a deputy may be recalled and replaced in accordance with legal procedure if the majority of his voters or his electoral unit so desire.

CHAPTER IX—PUNISHMENT FOR SABOTAGING ELECTIONS
ARTICLE 62. Unlawful practices such as violence, intimidation, fraud, bribery to sabotage and election or to prevent an elector from freely exercising his right to elect or to be elected, shall be regarded as offences liable to penalty of imprisonment for a maximum period of two years to be imposed by a people's court or a people's tribunal.

ARTICLE 63. Any member or employee of a people's government or election committee who is found guilty of such offences as forgery of election documents, falsifying the number of votes, suppression of facts or deception shall be liable to penalty of imprisonment for a maximum period of three years to be imposed by a people's court or a people's tribunal.

ARTICLE 64. All persons have the right to give information concerning unlawful practices during an election and to bring charges thereof before an election committee of the judicial organ of a people's government. No organization or individual shall suppress this right or take any measure in retaliation. Offenders shall be liable to penalty of imprisonment for a maximum period of three years to be imposed by a people's court or a people's tribunal.

CHAPTER X—SUPPLEMENTARY PROVISIONS
ARTICLE 65. A provincial (or municipal) people's government may prescribe detailed regulations for the carrying out of elections in accordance with this Law and shall submit such regulations to the Central People's Government for approval.

ARTICLE 66. This Law shall be promulgated and put into effect upon adoption by the Central People's Government Council. The right of interpretation of this Law is invested in the Central Election Committee.