Elections in Bhutan

Elections in Bhutan are conducted at national (Parliamentary) and local levels. Suffrage is universal for citizens 18 and over, and under applicable election laws. In national elections, also known as the general elections, political party participation is mainly restricted to the lower house of Parliament, and by extension, to the executive nominated by its majority

Bhutan has a national bicameral parliamentary legislature. The National Assembly of Bhutan is the lower house of Parliament and has 47 members. The maximum number of seats at any time is 55, with each member representing a single-seat constituency. Between 2008 and 2013, 45 seats were won by the ruling Bhutan Peace and Prosperity Party (DPT) and 2 were taken by the opposition People's Democratic Party (PDP).

The National Council of Bhutan, the upper house of Parliament, has 20 nonpartisan members popularly elected by each dzongkhag and 5 members appointed by the King of Bhutan. The National Council member was first elected on 31 December 2007.

Bhutan also conducts elections for offices in local governments. Dzongkhags (districts), Gewogs (village blocks), and Thromdes (municipalities), all elect members of local administrative governments with varying degrees of authority.

Prior to 2007, Bhutan had a unicameral national parliament known as the Tshogdu. Parliament became bicameral under the Constitution of Kingdom of Bhutan 2008 and with the kingdom's first National Assembly election the same year.

Recent elections

National Assembly

National Council

Election laws

Bhutanese election laws are legislated by the Parliament of Bhutan. These laws cover candidacy, voter registration, campaigning, political parties, and procedural aspects of voting. As of 2011, election law has been codified by the Constitution of 2008, Election Act of 2008, Public Election Fund Act of 2008, National Referendum Act of 2008, National Council Act of 2008, and National Assembly Act of 2008. The Constitution provides a bare substantive and procedural framework, incorporating then-existing election laws insofar as they did not conflict. Notably, religious figures and institutions must remain above (out of) politics. The Election Act of 2008, the most comprehensive of Bhutan's election laws, was passed by Parliament on July 28, 2008, and came into force on August 12, 2008, repealing all previous laws on elections to Parliament and Local Governments.Election Act 2008: Preamble; §§ 1, 2 The Election Act of 2008 is the latest Bhutanese legislation codifying substantive and procedural laws on constituencies, political parties and their candidates, campaigns, elections, electoral oversight, and suffrage. It also defines a number of offenses related to elections and voting, supplementing the Penal Code.Election Act 2008: §§ 518–564 The National Referendum, Public Election Finance, National Assembly, and National Council, and Local Government Acts all regulate their particular subject matter within the framework provided by the Constitution and refined by the Election Act.

Government commissions The Election Act of 2008 establishes two financially and politically autonomous government commissions to oversee various aspects of elections, voting, and constituency delimitation. The Election Commission of Bhutan is responsible for overseeing the electoral framework established under the Act, including laws on parties, candidates, elections and Election Rolls.Election Act 2008: §§ 34, 35 The Election Commission is endowed with quasi-judicial powers and staffs of Election Officers and Counting Officers.Election Act 2008: §§ 36–42Constitution: Art. 24

The Delimitation Commission is an ancillary commission whose sole function is to demarcate single-member constituencies for representatives in Parliament and Local Governments.Election Act 2008: §§ 76–89

Election Commission The king appoints the Chief Election Commissioner and two other Election Commissioners for five year terms from a list submitted by the Prime Minister, Chief Justice, Speaker of the National Assembly, Chairperson of the National Council, and leader of the opposition party.Election Act 2008: §§ 20–31Constitution: Art. 2, § 19 The Election Commission oversees political parties, runs elections, reviews the electoral system, makes rules and regulations under the Act, and possesses the summoning, inspection, and adjudicative powers of a court of law.Election Act 2008: §§ 32–37, 45 The Election Commission also has the power to deploy security personnel and to requisition premises, vehicles, and horses from private parties on payment of reasonable compensation "as the Commission may deem appropriate."Election Act 2008: §§ 38–40 The Election Commission is supported by a Secretariat to which the Commission may delegate any of its authority by resolution or order.Election Act 2008: §§ 46, 47 Decisions and actions of the Election Commission are not reviewable by courts of the judicial system of Bhutan except in cases of election petitions or election appeals.Election Act 2008: § 44

During elections, the Election Commission designates a senior government officer as Chief Election Coordinator in each Dzongkhag, whose primary function is to facilitate free and fair elections.Election Act 2008: §§ 49–51 The Election Commission also designates a government officer in each Dzongkhag as Dzongkhag Electoral Officer, whose primary duty is to revise and update Electoral Rolls for all parliamentary and local government constituencies on behalf of the Commission.Election Act 2008: §§ 52–55 These twenty Officers are each supported by staff including one or more Electoral Registration Officers appointed by the Commission.Election Act 2008: §§ 56–58 Returning Officers and their assistants are likewise designated by the Commission for one or more constituencies, reporting directly to the Commission.Election Act 2008: §§ 59–63 Returning Officers appoint a Presiding Officer for each polling station; Presiding Officers are in turn assisted by Polling Officers.Election Act 2008: §§ 64–68 Returning Officers also appoint Counting Personnel for the tallying and inspection of votes.Election Act 2008: §§ 69, 409–412 The Election Commission may appoint independent observers, and with the approval of the Ministry of Foreign Affairs, may also include international observers, any of whom may bring apparent irregularities or violations of the law to the attention of the Election Commission.Election Act 2008: §§ 73–75

All Election Officers are bound by a code of conduct forbidding corruption, conflicts of interest, and acts or speech of a political nature. The same code of conduct mandates Officers to assist the "physically challenged," a category that includes the visually impaired, physically disabled, illiterate individuals, and inhabitants of remote areas.Election Act 2008: §§ 309–325

Delimitation Commission The ancillary Delimitation Commission consists of six persons: the Chief Election Commissioner and two Election Commissioners; the Secretary of the Ministry responsible for Urban and Municipal Administration; the Secretary of the Ministry responsible for Civil Registration and Census; and the Surveyor-General.Election Act 2008: § 81 The Delimitation Commission periodically re-allocates a maximum of 55 National Assembly seats among Dzongkhags, and controls the number of representatives at leach level of local government, subject to review and approval of the Election Commission.Election Act 2008: §§ 76–81, 90–99

The Delimitation Commission divides dzongkhags, gewogs, and dzongkhag thromdes into relevant constituencies based on voter population, contiguity of areas, and geographical conditions.(Delimitation)Election Act 2008: § 86 The Commission regularly publishes updates in several media to disseminate its information.Election Act 2008: §§ 87–89

Constituencies

The Bhutanese electorate is composed solely of single member constituencies at both national and local levels.Election Act 2008: §§ 3–19

The National Assembly should have a maximum of 55 partisan members that are directly elected by Dzongkhag voters.Election Act 2008: § 4 Each Dzongkhag must have between two and seven constituencies for the National Assembly elections.Election Act 2008: §§ 5–7 The Constitution provides that members sit for five years, or until dissolution upon a vote of no confidence.Constitution: Art. 10, § 24; Art. 15, § 12

The National Council has 25 members comprising one directly elected nonpartisan representative from each of the twenty dzongkhags and five "eminent persons" nominated by the king.Election Act 2008: §§ 8–10 Every gewog and independent thromde ("dzongkhag thromde") comprises a constituency that nominates one candidate for the National Council through a democratic election called a zomdu overseen by heads of local government and run by the Dzongkhag Electoral Officer.Election Act 2008: § 11 The members of the National Council are elected for five year terms.Constitution: Art. 10, § 24

The local Dzongkhag Tshogdu comprises one elected Gup (headman) and Mangmi (deputy) from each Gewog Tshogde; one elected representative from that Dzongkhag Thromde; and one elected representative from the Dzongkhag Yenlang Thromdes.Election Act 2008: §§ 12, 13Local Government Act: §§ 7, 8

More locally, the Gewog Tshogde comprises between five and eight Tshogpas, who are directly elected according to chiwog constituencies, and the Gup (headman) and Mangmi (deputy), who are directly elected by gewog voters at-large.Election Act 2008: §§ 14–16Local Government Act: §§ 9, 10

Most locally, the citizens of thromde (municipalities) directly elect between seven and ten members, including a Thrompon as executive, to the Thromde Tshogde.Election Act 2008: §§ 17–19Local Government Act: §§ 11–15

Voters Bhutanese citizens eighteen years or older, who have been registered in their constituency for at least one year, who hold a citizenship identity card, and who are "not otherwise disqualified from voting under [the Election Act] or any other law in force" may cast a single vote in elections.Election Act 2008: §§ 100, 326–328 The Constitution mandates that religious figures remain "above politics," while the only special ground under the Election Act is being declared "of unsound mind" by a court, the clause is permissive of reducing voting rights through other legislation.Election Act 2008: §§ 101–103, 326–328

Every eligible voter may join or lead one political party provided they are not disqualified by other law; political parties meanwhile operate under their charters within the limits and requirements of the Election Act.Election Act 2008: §§ 154–156 Party members' rights are nonetheless assured a measure of due process: suspension or expulsion requires a reasonable opportunity for the member to be heard beforehand.

During elections, employers must give leave to vote for a reasonable time so long as employees give prior notice.Election Act 2008: §§ 338–342

Electoral Rolls Voters must be a member of exactly one local constituency, and must maintain an entry on that constituency's Electoral Rolls in order to vote.Election Act 2008: §§ 101, 104–120 However, voters accomplish this by joining the general (parliamentary) Electoral Roll in their dzongkhag, which is kept and updated by the Dzongkhag Electoral Registration Officer; it is the Officer who sorts the voters into constituencies.Election Act 2008: §§ 101, 104–108 The Officer issues every voter a voter photo identity card for use in pollingElection Act 2008: §§ 109–111

Electoral Rolls are published and open for public inspection under the Election Act of 2008.Election Act 2008: §§ 112–118

Political parties