The Pyidaungsu Hluttaw hereby enacts this Law.
1. This Law shall be called the “Seventh Amendment to the Amyotha Hluttaw Election Law”.
2. The following subsections (m) and (n) shall be inserted after subsection (l) of Section 11 of the Amyotha Hluttaw Election Law: –
“(m) A person who has been declared disqualified by an Election Tribunal for failure to submit an election expense statement as prescribed;
(n) A Hluttaw representative elected as a party representative from a constituency designated under Subsection (c) of Section 4, who resigns from membership of the relevant political party in accordance with the party’s rules and constitution, or who is expelled from membership of that party.”
3. The following Section 11-a shall be inserted after Section 11 of the Amyotha Hluttaw Election Law: –
“11-a. A person elected as a Hluttaw representative –
(a) If the registration of the political party that the person represents is cancelled under sub-section (b) because the party has committed any of the acts specified in clauses 4, 5, 6, 7 and 11 of Subsection (a) of Section 12 of the Political Parties Registration Law, the person shall be deemed to have automatically ceased to be elected as a Hluttaw representative.
(b) If the political party that the person represents is dissolved, or if its registration as a political party is cancelled under sub-section (b) on the grounds that the party has committed any of the acts specified in clauses 1, 2, 3, 8, 9 and 10 of subsection (a) of Section 12 of the Political Parties Registration Law, or if its registration as a political party is cancelled under subsection (e) of Section 24 –
(1) If the person is a Hluttaw representative elected from a constituency under the First-Past-the-Post system, the person shall apply to the Commission within 60 days from the date of dissolution of the party or the date on which its registration is cancelled, submitting conclusive evidence of membership in another political party, in order to be permitted to continue serving as a Hluttaw representative representing that other party. If no such application is submitted, the person shall be deemed to have automatically ceased to be elected as a Hluttaw representative.
Exception: If the person wishes to continue serving solely as an independent Hluttaw representative, the person may notify the Commission of that intention within 60 days.
(2) If the person is a Hluttaw representative elected from a constituency under the Proportional Representation system, the person shall be deemed to have automatically ceased to be elected as a Hluttaw representative.”
4. Section 28 of the Amyotha Hluttaw Election Law shall be substituted with the following: –
“28. (a) For constituencies prescribed under Subsections (a) and (b) of Section 4, the respective candidate for Hluttaw representative may withdraw the nomination paper in accordance with the prescribed procedures. For constituencies prescribed under Subsection (c) of Section 4, the political party may withdraw the nomination paper of its candidate for Hluttaw representative in accordance with the prescribed procedures.
(b) After the list of candidates for Hluttaw representative has been officially announced, a candidate shall have the right to withdraw from candidacy in accordance with the prescribed procedures.”
5. In the introductory paragraph of Section 30-a of the Amyotha Hluttaw Election Law, the expression “political parties” shall be substituted with the expression “Central Executive Committee members of political parties”.
6. In Section 42 of the Amyotha Hluttaw Election Law, the expression “6 am” shall be substituted with “7 am”, and the expression “4 pm” shall be substituted with “5 pm”.
7. In Subsection (b) of Section 48 of the Amyotha Hluttaw Election Law, the expression “two days in advance” shall be substituted with “three days in advance”, and the expression “before 4 pm” shall be substituted with “before 9 am”.
8. In Subsection (d) of Section 88 of the Amyotha Hluttaw Election Law, the expression “a Hluttaw representative or an election agent” shall be substituted with the expression “a Hluttaw representative, a candidate for Hluttaw representative, or an election agent”.
9. The following shall be inserted after Section 88-a of the Amyotha Hluttaw Election Law as Section 88-b:-
“88-b. The Commission shall –
(a) annul the votes obtained by a political party under Clause 2 of Subsection (b) of Section 49 if the political party is dissolved voluntarily or its registration is cancelled under the Political Parties Registration Law;
(b) for constituencies designated under Subsection (c) of Section 4, exclude the annulled votes specified in subsection (a), recalculate the remaining valid votes in accordance with the prescribed procedures, and announce the list of elected Hluttaw representatives.”
I hereby sign this law under the Constitution of the Republic of the Union of Myanmar
Sd/ Min Aung Hlaing
President
Republic of the Union of Myanmar
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