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Article 33
• Minimum age of head of state
• Head of state selection
• Eligibility for head of state
Law shall determine the procedure, the conditions of eligibility and of presentation
of candidates for the presidential elections, of the manner of balloting, of the
compilation and proclamation of the results. It shall provide for all dispositions
necessary so that the elections are free and regular.
The President of the Republic shall be elected by an absolute majority of the ballots
cast. If this is not obtained on the first ballot, there shall be a second ballot, the
second Sunday following. This second ballot shall only be open to the two candidates
having gained the greatest number of votes.
If one of the candidates withdraws, the ballot shall remain open to the candidate
coming next in order of the number of votes obtained.
If within the seven days preceding the date limit of filing the presentation of
candidature, one of the persons having, less than thirty days before that date,
publicly announced his decision to be a candidate, dies or finds himself impeded, the
Constitutional Court may decide the procedure of the election.
If before the first ballot, one of the candidates dies or finds himself incapacitated, the
Constitutional Court shall pronounce the procedure of the election.
In the case of death or incapacitation of one of the two candidates most favored in
the first ballot before any eventual withdrawals, or of one of the two candidates
remaining after any such withdrawals, the Constitutional Court shall decide the
recommencing of the entire electoral process.
The convocation of electors shall be done by decree taken in the Council of
Ministers.
• Constitutional court powers
The Constitutional Court shall control the regularity of these operations, shall decide
on contestations, shall proclaim the results of ballots.
Article 34
The Presidency of the Republic shall be incompatible with the exercise of any other
political function, of any other electoral mandate, of any public employment, of any
other professional and lucrative activity.
Article 35
During his mandate, the President of the Republic shall not, himself, nor by
intermediary, buy or take in bailment anything which belongs to the domain of the
State, without prior authorization by the Supreme Court within the conditions
determined by law.
He shall not take part either himself nor by intermediary in the purchase of supplies
nor in auctions for the administrations or institutions dependant on the State or
subject to their control.
• Head of state replacement
Article 36
In the event that the President of the Republic is temporarily incapacitated from
fulfilling his functions, his powers shall be provisionally exercised by the Prime
Minister.
In the case of vacancy of the Presidency of the Republic for any cause whatsoever or
incapacitation of its functioning as declared by the Constitutional Court seated by
the President of the National Assembly and the Prime Minister, the functions of the
President of the Republic shall be exercised by the President of the National
Mali 1992
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