全国人民代表大会常务委员会关于县级以下人民代表大会代表直接选举的若干规定

PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS FOR THE DIRECT ELECTION OF DEPUTIES TO PEOPLE'S CONGRESSES AT OR BELOW THE COUNTY LEVEL

为了便于实施《中华人民共和国全国人民代表大会和地方各级人民代表大会选举法》，对县级以下人民代表大会代表直接选举中的若干问题作如下规定：

To facilitate the implementation of the Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China, the following provisions are made with respect to certain questions concerning the direct election of deputies to local people's congresses at or below the county level:

   一、 县、自治县、不设区的市、市辖区、乡、民族乡、镇设立选举委员会。县、自治县、不设区的市、市辖区的选举委员会的组成人员由本级人民代表大会常务委员会任命。乡、民族乡、镇的选举委员会的组成人员由县、自治县、不设区的市、市辖区的人民代表大会常务委员会任命。

1. An election committee shall be established in every county, autonomous county, city not divided into districts, municipal district, township, nationality township and town. Members of the election committee in a county, an autonomous county, a city not divided into districts or a municipal district shall be appointed by the standing committee of the people's congress at the corresponding level. Members of the election committee in a township, a minority nationality township or a town shall be appointed by the standing committee of the people's congress of a county, an autonomous county, a city not divided into districts or a municipal district.

选举委员会设立办事机构，办理选举的具体事务。

An election committee establishes an office to handle specific matters related to the election.

   二、 选举委员会的职权是：

2. The functions and powers of an election committee shall be:

   （一） 主持本级人民代表大会代表的选举；

(1) assume responsibility for the election of deputies to the people's congress at the corresponding level;

   （二） 进行选民登记，审查选民资格，公布选民名单；受理对于选民名单不同意见的申诉，并做出决定；

(2) conduct the registration of voters, examine the voters' qualifications and publish the name list of voters; handle and decide on petitions concerning the name list of voters;

   （三） 划分选举本级人民代表大会代表的选区，分配各选区应选代表的名额；

(3) divide electoral districts for the election of deputies to the people's congress at the corresponding level and allocate the number of deputies to be elected in each electoral district;

   （四） 根据较多数选民的意见，确定和公布正式代表候选人的名单；

(4) decide on and publish the official list of candidates for deputies on the basis of the opinions of the majority of voters;

   （五） 规定选举日期；

(5) fix the date for the election;

   （六） 确定选举结果是否有效，公布当选代表名单。

(6) determine the validity or invalidity of the election results and publish the names of the deputies elected.

   县、自治县、不设区的市、市辖区的选举委员会指导乡、民族乡、镇的选举委员会的工作。

The election committee in a county, autonomous county, city not divided into districts or municipal district directs the work of the election committees of the townships, nationality townships and towns.

   三、 精神病患者不能行使选举权利的，经选举委员会确认，不行使选举权利。

3. Mentally ill persons unable to exercise their voting rights shall not do so after confirmation of their cases by an election committee.

   四、 因反革命案或者其他严重刑事犯罪案被羁押，正在受侦查、起诉、审判的人，经人民检察院或者人民法院决定，在被羁押期间停止行使选举权利。

4. Upon decision by a people's procuratorate or a people's court, people who are held in custody for involvement in counterrevolutionary cases or in other serious criminal cases and who are subject to investigation, prosecution or trial shall be suspended from exercising their voting rights as long as they are in custody.

   五、 下列人员准予行使选举权利：

5. The following persons shall be allowed to exercise their voting rights:

   （一） 被判处有期徒刑、拘役，管制而没有附加剥夺政治权利的；

(1) those who are sentenced to fixed-term imprisonment, who are undergoing criminal detention or who are under public surveillance without the additional penalty of deprivation of political rights;

   （二） 被羁押，正在受侦查、起诉、审判，人民检察院或者人民法院没有决定停止行使选举权利的；

(2) those who are being held in custody and who are subject to investigation, prosecution or trial without having been suspended from exercising their voting rights by decision of a people's procuratorate or a people's court;

   （三） 正在取保候审或者被监视居住的；

(3) those who are awaiting trials on bail or subject to residential surveillance;

   （四） 正在被劳动教养的；

(4) those who are undergoing rehabilitation through labour; and

   （五） 正在受拘留处罚的。

(5) those who are being punished by detention.

   以上所列人员参加选举，由选举委员会和执行监禁、羁押、拘留或者劳动教养的机关共同决定，可以在流动票箱投票，或者委托有选举权的亲属或者其他选民代为投票。被判处拘役、受拘留处罚或者被劳动教养的人也可以在选举日回原选区参加选举。

The above-mentioned persons may participate in the elections at movable ballot boxes or entrust their relatives who have voting rights or other voters to vote on their behalf as may be decided jointly by the election committee and the institutions effecting the imprisonment, custody, detention or rehabilitation through labour. Those who are sentenced to criminal detention, who are being punished by detention or who are undergoing rehabilitation through labour may also go back to their original electoral districts to participate in the elections on the election day.

   六、 县、自治县的人民政府驻地在市区内的，其所属机关、团体和企业事业组织的职工，参加县、自治县的人民代表大会代表的选举，不参加市、市辖区的人民代表大会代表的选举。

6. If the people's government of a county or an autonomous county is seated in a city, workers and staff members of its affiliated government agencies, people's organizations, enterprises and institutions may participate in the election of deputies to the people's congress of the county or autonomous county, and not in the election of deputies to the people's congress of a city or a municipal district.

   七、 驻在乡、民族乡、镇的不属于县级以下人民政府领导的企业事业组织的职工，可以只参加县级人民代表大会代表的选举，不参加乡、民族乡、镇的人民代表大会代表的选举。  

7. The workers and staff members of enterprises and institutions which are located in a township, a nationality township or a town but are not affiliated to a government below the county level may participate only in the election of deputies to the people's congress at the county level, and not in the election of deputies to the people's congress of the township, the nationality township or the town.

   八、 选区的大小，按照每一选区选一至三名代表划分。

8. The size of an electoral district shall be determined according to the principle that one to three deputies may be elected from each electoral district.

   九、 选民在选举期间临时在外地劳动、工作或者居住，不能回原选区参加选举的，经原居住地的选举委员会认可，可以书面委托有选举权的亲属或者其他选民在原选区代为投票。

9. With the permission of the election committee of their residential areas, voters who are temporarily doing manual or other work or are living in other places and who cannot go back to their electoral districts to vote may write a statement and entrust their relatives who have voting rights or other voters to vote on their behalf in their respective electoral districts.

选民实际上已经迁居外地但是没有转出户口的，在取得原选区选民资格的证明后，可以在现居住地的选区参加选举。

Voters who have actually moved out to live in other places but who have not changed their permanent residence registration accordingly may take part in the election in the electoral districts of their present places of residence after obtaining a certificate of their qualifications as voters in their original electoral districts.

   十、 每一选民（三人以上附议）推荐的代表候选人的名额，不得超过本选区应选代表的名额。

10. The number of candidates for deputies recommended by any voter (seconded by three or more voters) shall not exceed the number of deputies to be elected from the electoral district.

选民和各政党、各人民团体推荐的代表候选人都应当列入代表候选人名单，选举委员会不得调换或者增减。

All candidates for deputies as recommended by voters or political parties or people's organizations shall be included in the list of candidates for deputies, and the election committees may not replace or delete any of the names or add more names.

   正式代表候选人名单，经过预选确定的，按得票多少的顺序排列

Candidates for deputies determined through pre-elections shall be listed officially in order of the numbers of votes they have received.