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29988: Senou (Question) What is the reason for not having an election within 30 days to fill a vacancy in the Senate? (fwd)





Senou@yahoo.com

What is the reason for not having an election within
30 days to fill a vacancy in the Senate?


la mort tragique du sénateur Noël Emmanuel Limage
survenue le 20 janvier

By February 20, 2007 a new election should take place
to fill a vacancy in the Senate according to the
article 130-1.

Thousands of people died everyday in traffic related
accident;  and each passing day, everyone in this
planet has one less day to live in this world.
Whatever you plan to do with your remaining days is up
to you. But remember,  no one is indispensable: the
place that you are occupying right now, someone was in
it before and someone will be in it after you.

The mandate of this current CEP is over with the
publication of the final result of this impending
local election. The 1987 constitution has called for a
permanent CEP, if one is not going to be put in place
ASAP, a temporary CEP shall be formed according to the
article 289.

It is truth that the 1987 constitution was poorly
written and it must be amended ASAP (You cannot use
the constitution to exclude a group of people);
however, it must in line with this current
constitution and according to the articles 282, 282-1,
283, 284, 284-1 and 284-2
http://www.haiti.org/official_documents/87constitution/doc_constitution_en_title13.htm

Let me not be understood as saying that there are no
bad laws, nor that grievances may not arise for the
redress of which no legal provisions have been made. I
mean to say no such thing. But I do mean to say that
although bad laws, if they exist, should be repealed
as soon as possible, still, while they continue in
force, for the sake of example they should be
religiously observed.
Abraham Lincoln
16th president of US (1809 - 1865)

Quotation #29273 from Classic Quotes:
http://www.quotationspage.com
=============

ARTICLE 129-6:
In the case of the death, resignation,
disqualification, judicial interdiction, or acceptance
of a duty incompatible with that of a member of the
Legislature, the Deputy or Senator shall be replaced
in his Electoral District for only the remainder of
his term by a by-election called by the Primary
Assembly to be conducted by the Permanent Electoral
Council in the month the vacancy occurs.

ARTICLE 130-1:
The election shall take place within thirty (30) days
after convocation of the Primary Assembly, pursuant to
the Constitution.

=====================
ARTICLE 149:
Should the Office of the President of the Republic
become vacant for any reason, the President of the
Supreme Court of the Republic, or in his absence, the
Vice President of that Court, or in his absence, the
judge with the highest seniority and so on by order of
seniority, shall be invested temporarily with the
duties of the President of the Republic by the
National Assembly duly convened by the Prime Minister.
The election of a new President for a new five (5)
year term shall be held at least forty-five (45) and
no more than ninety (90) days after the vacancy
occurs, pursuant to the Constitution and the Electoral
Law.
========
ARTICLE 289:
Awaiting the establishment of the Permanent Electoral
Council provided for in this Constitution, the
National Council of Government shall set up a
Provisional Electoral Council of nine (9) members,
charged with drawing up and enforcing the Electoral
Law to govern the next elections, who shall be
designated as follows:

1) One for the Executive Branch, who is not an
official;
2) One for the Episcopal Conference;
3) One for the Advisory Council;
4) One for the Supreme Court;
5) One for agencies defending human rights, who may
not be a candidate in the elections;
6) One for the Council of the University;
7) One for the Journalists Association;
8) One for the Protestant religions;
9) One for the National Council of Cooperatives.




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