SCRUTINY, THEN CHALLENGES AHEAD FOR CANDIDATES

UNCLAS SECTION 01 OF 02 KABUL 001196

SIPDIS

E.O. 12958: N/A
TAGS: KDEM PGOV AF
SUBJECT: SCRUTINY, THEN CHALLENGES AHEAD FOR CANDIDATES

REF: A. KABUL 0891

B. KABUL 0922

C. KABUL 1140


1. SUMMARY: On May 8 the two-week candidate registration
period for the August 2009 elections closed. The Independent
Election Commission (IEC) now has in hand registration
packages from 44 presidential candidates and 3,324 provincial
council candidates. By May 15, the IEC must complete its
scrutiny of the registration materials to ensure candidates
have complied with filing requirements. During this period,
the IEC will allow candidates to remedy problems with
applications. On May 16, the IEC will publish the
preliminary candidate lists and pass the baton to the
Electoral Complaints Commission (ECC) for the next stage of
the electoral process - the candidate challenge period. END
SUMMARY.

WHAT A CANDIDATE MUST PROVE
--------------


2. The constitution and the electoral law set the
requirements for eligibility for both presidential and
provincial council candidates. In addition to the basic
criteria such as Afghan citizenship (ref A),the electoral
law requires individuals holding positions in government as
appointees, electoral officials, or in control of military or
national security assets to resign before registering as a
candidate.


3. Presidential candidates must also complete the IEC's
"presidential candidate nomination application" as part of
the registration process. In addition to biographic
information and the signatures of all members of a
presidential ticket, the form requires candidates to name a
financial liaison officer (ref B) and uphold the IEC's code
of conduct for candidates. The form is also the candidates'
pledge that they meet the qualification requirements for
candidacy - notably, no dual nationality and resignation from
any disqualifying position. Providing false information on
this form violates the electoral law and could serve as the
basis of a challenge to the Electoral Complaints Commission.


IEC SCRUTINY
--------------


4. IEC Chief of External Relations Mohammad Farid Afghanzai
explained May 4 that the IEC reviewed each packet for
potential errors and gaps. If the IEC rejects a candidate's
application, it will officially notify the candidate of the
reason for the refusal. The IEC has indicated this will only
occur if a candidate is clearly ineligible. If an
application has not fulfilled the IEC's requirements, the
candidate will be given the opportunity to correct the
problem before publication of the preliminary candidate list
on May 16.


5. The IEC will confirm that candidates have established the
required special bank accounts for the campaign (ref B) and
have named a financial liaison officer. The IEC will also
confirm that each candidate is registered in only one
constituency for the elections. It will compare listed ages
of candidates with those found in voter registration (VR)
records and confirm all candidates are registered voters.


6. The IEC will compare the names and VR card numbers
provided in the requisite list of supporters for all
candidates with its database. IEC regulations establish that
a registered voter can only support one candidate for
registration. If an individual is on more than one
candidate's list, that person will be removed from all lists
on which he/she appears. The review will also identify false
VR cards (ref C),because these false numbers will not appear
in the IEC's database. Candidates that lack the requisite
supporters must provide additional supporters' signatures and
VR card information up to the required number.


7. Preliminary candidate lists will be posted outside all
IEC provincial offices starting on May 16 and will include
the name, randomly assigned registration number, photograph
and electoral symbol of each candidate. Candidates can
review the list for accuracy and correct any errors with the
IEC.

THEN, CHALLENGES AT THE ECC
--------------


8. The publication of the preliminary candidate list also
marks the start of the campaign challenge period, under the
Electoral Complaints Commission (ECC). From May 16 to 21,
any political party agent, candidate or Afghan citizen

KABUL 00001196 002.2 OF 002


eligible to vote may challenge the eligibility of a
candidate. Challenges must be against the specific criteria
for candidacy as established in the Constitution and the
Electoral Law.


9. The ECC can also initiate investigations at its
discretion. The IEC has flagged dual citizenship as an issue
for ECC review. The ECC will also vet potential candidates
against the Disarmament of Illegally Armed Groups list.
RICCIARDONE