The elections are administered by STAE (Technical Secretariat for Electoral Administration) and supervised by the CNE (National Election Commission). UNMIT (United Nations Integrated Mission in Timor-Leste)
provides technical assistance and support to both bodies.

STAE is responsible for the administration, operation and logistics of the elections, including voter registration and civic education. At district level there is a district co-ordinator and staff, supported by a team of United Nations Volunteers. Each of the 520 polling centres has a polling centre manager ( brigadista), and there are five polling staff in each of the 708 polling stations. STAE conducted the 2005 suco elections. STAE is not an independent institution, but falls under the jurisdiction of the Ministry of State Administration.

The CNE is a newly-created body, strengthened and with greater independence than the predecessor that supervised the suco elections. The Law of Electoral Administration Bodies of December 2006 makes the CNE permanent and autonomous, with its own budget. They have focal points in each district, supported by UNVs.

The CNE consists of 15 commissioners: three appointed by the President, three elected by the Parliament, three appointed by the government (of the foregoing, at least one from each group must be a woman), one judge elected by the judges, one public prosecutor elected by the prosecutors, one public defender elected by the defenders, and three representatives of civil society, including one from the Catholic Church, one from other religions, and one from women’s organisations. One cannot be a Commissioner and have responsibilities in political party leadership or candidacy. Their terms last six years, and are renewable once. Their quorum is eight, and this is the number required to make a decision. Their decisions should be published.

The CNE has the power to approve regulations and codes of conduct. It is tasked with ensuring equal opportunities and freedom of propaganda for candidates during the campaign. It is for the CNE to examine and certify party lists for the parliamentary elections, and to hear complaints that are not resolved to the complainant’s satisfaction by STAE. They may notify the public prosecutor of any electoral offences, and it is their task to prepare preliminary results to submit to the Court of Appeal for the declaration of final results.

Legal Framework

The legal provisions governing the elections are primarily found in the Constitution of 2002, and three new electoral laws of December 2006:

The Parliamentary Election Law was amended in May 2007, providing for voting in hospitals and prisons and for counting to take place at the District Tabulation Centres, instead of polling stations.

There are also a number of Regulations and Codes of Conduct, drafted by STAE and approved by the CNE:

Some relevant provisions are also found in the Political Parties Law 2004 and the Law on Freedom of Assembly 2005.

The new electoral laws were passed very late due to the 2006 crisis. The Constitution contains important provisions to try and introduce a level playing field in elections, setting down the following principles for election campaigns: equality of opportunity and treatment for all candidates, impartiality towards candidacies on the part of public bodies, transparency and supervision of electoral expenses.

Complaints and Appeals

Complaints

Both the Presidential and the Parliamentary Election Laws provide for complaints to be made by any voter or party agent during voting and counting. The Campaign Regulation provides for complaints during the campaign. The two Election Laws specify that complaints should be resolved on the spot by at least three election officials, with an appeal possible to the CNE.

Appeals

The Presidential and Parliamentary Election Laws provide for appeals to be made to the Supreme Court – in its absence the Court of Appeal – in two specific circumstances. The first relates to candidate registration. The Presidential Election Law sets a time limit of one day for such appeals to be presented, together with all evidence, and two days for the Court to decide. The second circumstance where an appeal may be made to the Court of Appeal is against the provisional results published by the CNE. 48 24 hours are given for presenting such an appeal, and the court also has 48 hours to resolve all appeals. This is an increase from the 24 hours respectively provided for the Presidential Elections.

In addition, there is a general right of appeal to the Court against any decision of STAE, CNE, a polling station, or tabulation centre. This is provided by the Constitution and the Law of Electoral Administration Bodies, although no time limits or further details are given.

Electoral Crimes

A number of electoral crimes are set out in the Electoral Laws. If an electoral crime is reported to the public prosecutor, it proceeds in the ordinary criminal system, with no expedited procedures.