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Viewing cable 09KABUL1196, SCRUTINY, THEN CHALLENGES AHEAD FOR CANDIDATES

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Reference ID Created Released Classification Origin
09KABUL1196 2009-05-10 13:44 2011-08-24 01:00 UNCLASSIFIED Embassy Kabul
VZCZCXRO0585
PP RUEHDBU RUEHPW
DE RUEHBUL #1196/01 1301344
ZNR UUUUU ZZH
P 101344Z MAY 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 8815
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
RUEHBU/AMEMBASSY BUENOS AIRES PRIORITY 0045
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