The Constitutional Court: Morocco’s electoral quota deemed compatible with the constitution in force

Morocco’s Constitutional Court has ruled that the current electoral quota is actually in line with the constitutional regulations in force, upon reviewing the Organic Law No. 21.06, on changing and completing the Organizational Law No. 11.59 related to the election of members within communal councils.

The Court’s Order No. 120/21, regarding Articles 92 and 139 (second paragraphs) of the Organic Law, stipulates that “enacting an electoral quota model based on dividing the number of voters on the number of seats to be filled (without requiring a certain voting percentage) shall be deemed legal and in line with the constitution in force, for it has no impact on the integrity and transparency of the voting process, nor affects electoral procedures, as determined, in Chapters 2 and 11 Of the constitution (respectively).

By virtue of the foregoing, the court stressed that the provisions within Articles 92 and 139 (second paragraphs) shall be deemed in line with the constitution in force, for they stipulate dividing the number of voters (within concerned districts) on the number of seats to be filled, while the remaining spots shall be allocated to the electoral lists, deemed close to the resulting quota.

The court has also indicated that the constitution does not include any provisions related to the electoral system in general, nor any principles to be adopted in legislative choices regarding the voting pattern, the method for calculating electoral quota, and the rule for allocating seats to candidacy lists (that did not reach a relevant number of votes within the electoral quota), as well as determining a certain voting percentage to be obtained by candidacy lists in order to participate in the allocation process.

“The electoral provisions related to regions and communes shall include the allocation of seats, through a series of rules that define the electoral quota’s calculation methods, as well as the number of seats to be filled, within a unified electoral system, based on statutory voting and proportional representation. Such procedures, however, shall be evaluated by the legislative authority in charge, as to establish harmony among candidacy lists, provided that the latters shall adhere to the regulations ensuring the principles of freedom, integrity and transparency, throughout the elections, as stipulated in Articles 2 and 11 of the Constitution”, the court noted.

“The Organic Law No. 21.06 on changing and completing the Organizational Law No. 11.59 related to the election of communal council members, stipulated in the Honorable Dahir No. 173.11.1, issued on the 24th of Dhu al-Hijjah 1432 (November 21, 2011), shall be deemed in line with the constitution”, it added.