Election System

Political Parties

In the western sense, political parties in Turkey made their first appearance by the end of the 19th century. It was during this period that the graduates of modern schools, army officers and civil servants pioneered political movements essentially aiming to prevent further decline of the Ottoman Empire and to introduce the principles of nationalism, freedom and equality that had emerged in the west.
During the era of the second Mesrutiyet (Second Constitutional Government) and thereafter, the Ittiaht ve Terraki (Committee for Unity and Progress) was the sole party. During the War of Independence the Republican Peoples' Party (originally the Halk Firkasi) became the dominant sole party, and it remained in power until the advent of the multi-party system in 1946, indeed until the election of the Democrat Party to office in 1950.

A competitive and pluralistic party system has been in operation in Turkey since 1946. The political parties are an indivisible and indispensable part of Turkish political life.

The formation, activities, supervision and dissolution of political parties are regulated by the provisions of the 1982 Constitution and the Political Parties Law of April 22, 1983.

All citizens of Turkey, with the exception of civil servants and members of the Armed Forces, who are over 18 years of age may form and become members of political parties provided that they conform with and meet the related procedures in this regard.

Prior permission for the formation of a political party is not required. The parties are allowed to function freely in accordance with the provisions of the related laws and the Constitution.

The Constitution rules that the internal workings and decisions of the political parties must conform to democratic precepts. The financial auditing of the parties may only be made by the Constitutional Court. The closure of any political party is only possible upon the ruling of the Constitutional Court to this effect.

The organization of a political party consists of its central organs, its provincial and county organizations and the party group in Parliament.

All political parties must establish their headquarters in Ankara and formation requires the signatures of at least 30 Turkish citizens who are flexible for election to Parliament.

The highest authority within the political party is its own general convention. The central organization of the political party consists of the general convention, the leader of the party, its central decision-making and executive board, its disciplinary board and its caucus.

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The Election System

According to the Constitution, all citizens have the right to vote, to be elected, to engage in political activities independently or within a political party and to take par in a referendum in conformity with the conditions set forth in the law.

All Turkish citizens over 18 years of age have the right to vote in elections and to take part in referendums.

Under the Constitution, elections and referendums are free and secret and are conducted on the basis of equality, direct suffrage and open counting and classifying of votes.

The Constitution states that the deputies elected to Parliament do not represent only their own constituencies and those who elected them but the nation as a whole.

The General Election Law enacted in 1983 provided for a double "barrage" and a limited preferential D-Hondt system: the 1983 elections were held under this system. Thereafter amendments made to the Election Law on July 10, 1987 resulted in the 1987 elections being conducted under revised precepts. Under the provisions of the July†10 amendments, political parties wishing to participate in elections have to fulfill the following conditions.

They must have established organizations in at least half of the provinces at least six months prior to the date of the election, and either have held their general conventions, or have parliamentary groups.

Organizations in any province shall mean that the party has set up organizations in at least two thirds of that province, inclusive of the provincial center.

They are obliged to nominate at least twice the number of deputies as are to be elected in the provinces in which they intend to contest the elections.

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Conditions for Elections

According to the Constitution, in order to be elected as a member of the TGNA (National Assembly) one must:

• Be a Turkish citizen, have completed primary education, not have been deprived of legal capacity, not have been sentenced to a prison term totaling one year or more of heavy imprisonment, excluding involuntary offenses, not have been convicted of dishonorable offenses such as embezzlement, corruption, bribery, theft, fraud, forgery, breach of trust or fraudulent bankruptcy, or of smuggling, conspiracy in official biddings or purchases, offenses related to the disclosure of State secrets, involvement in ideological and anarchistic activities, and incitement and encouragement of such activities, even if a pardon has been issued.
• Unlike the 1961 Constitution, the 1982 Constitution stipulates that civil servants must resign from office if they are to be eligible to become deputies. Furthermore, judges and prosecutors, members of the higher judicial bodies, members of the teaching staff at institutions of higher education, members of the Higher Education Council, members of the armed forces and other public employees not regarded as workers on account of the duties they perform cannot stand for election or be considered eligible to become deputies unless they resign from office.

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Election Term and Renewal of Elections

Diverging from the traditional election term of four years, the 1982 Constitution introduced the rule that elections for the TGNA be held every five years. The reasons for this change were to give sufficient time to the government formed after the elections to realize its program and to avoid frequent election fever in the country.

The assembly may decide to hold elections before the expiration of the election term. Similarly elections may be held on the decision of the President under the circumstances defined in the Constitution.

Under the Constitution, the President may decide to hold parliamentary elections in the following cases:

• In cases where a new Council of Ministers cannot be formed or receive a vote of confidence within forty-five days after the Council of Ministers fails to receive a vote of confidence or is compelled to resign by a vote of no-confidence, as a result of a motion for interpellation of cabinet request for a vote of confidence.
• If a new Council of Ministers cannot be formed within forty-five days after the resignation of the Prime Minister even if not defeated by a vote of confidence.
• If a new Council of Ministers cannot be formed with forty-five days after the elections for the Bureau of the President of the Turkish Grand National Assembly.

Under these circumstances, the President, the consultation with the TGNA President, may call new elections.

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Deferment of Elections and By-elections

If the holding of new elections is found impossible because of war, the TGNA may decide to defer elections for a year. If the grounds for deferment do not disappear, this measure may be repeated.

The Constitution has reduced the number of by-elections which are held when vacancies arise in parliamentary seats. By-elections are held once in every election term and cannot be held until 30 months have elapsed since the previous general elections. However, when the number of vacant seats reaches five percent of the total number of seats, by-elections are held within three months.

Meanwhile, by-elections cannot be held within one year prior to general elections, even if the number of vacant seats reaches five percent of the total number. The reason behind this rule is to prevent frequent election upheavals in the country.

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Administration and Supervision of Elections

The Supreme Election Board, composed of the members of the Court of Appeals and the Council of State, is responsible for ensuring the fair and orderly conduct of the elections from the beginning to the end of polling. it also carried out investigations and makes final decisions on all irregularities, complaints and objections concerning the elections during and after the polling, and verifies the election returns of the TGNA members.

The Constitution also rules that the Supreme Election Board shall conduct and supervise referendums on legislation amending the Constitution.

The Supreme Election Board is composed of seven permanent and four reserve members. Six of its members are elected by the General Assembly of the Court of Appeals from among its own members and five are elected the same way by the General Assembly of the Council of State. The elected members of the Supreme Election Board elect from among themselves their chairman and acting chairman.

Apart from the administration and supervision of the elections, the Supreme Election Board also deals with the judicial review of the elections. No appeal can be made to any authority against the rulings and decisions of the Supreme Election Board.

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